[HISTORY: Adopted by the Town Board of the Town of Dover 11-10-1980 by L.L. No. 5-1980. Amendments noted where applicable.]
The purpose of the chapter is to regulate consumption of alcoholic beverages on public lands and the possession of open containers of alcoholic beverages on public lands in the Town of Dover, County of Dutchess, State of New York. This chapter is being enacted to preserve the public peace and good order and to exercise the police power of the town to promote the general health, safety and welfare of the residents of the town by enacting this chapter, since it is the finding of the Town Board that the possession of open containers of alcoholic beverages by persons on public lands, streets and sidewalks and the consumption of alcoholic beverages on public lands should be regulated, except under controlled conditions, as such, and is detrimental to the health, safety and welfare of the residents of the Town of Dover, in that such possession and consumption contributes to the development of unsanitary conditions and the creation of a nuisance. It is further the intent of the Town Board that this section shall not be considered as a traffic regulation insofar as it relates to motor vehicles or to the operation thereof.
For the purposes of this chapter, the following terms shall have the meaning ascribed to them. All other words shall have the meaning normally ascribed to them in regular usage.
As used in this chapter, the following terms shall have the meanings indicated:
- ALCOHOLIC BEVERAGES
- Includes all beverages as defined in the Alcoholic Beverage Control Law of the State of New York.
- Any bottle, can, glass, cup or similar receptacle suitable for or used to hold any liquid.
- The exercise of dominion over the container or beverage.
- PUBLIC LANDS
- Any highway, street, sidewalk, park, playground, parking lot, shopping center, school grounds, lands owned by the municipality or in possession of said municipality or any other place to which the public has access, including a public parking lot or driveway for one or more vehicles used by patrons of any commercial, industrial or professional place of business, but excluding those public places wherein the use and consumption of alcoholic beverages is authorized pursuant to a license or permit issued under the Alcohol Beverage Control Law of the State of New York.
No person shall possess, carry, consume or transport any alcoholic beverage in any open container on any public lands as defined as aforesaid or in any motor vehicle, as defined by the Vehicle and Traffic Law of the State of New York.
The provisions of this chapter shall not apply in the event of a fair, picnic or other community gathering for which special permission has been granted by the Town Board of the Town of Dover or its duly designated agent.
Each violation of this chapter shall be punishable by a fine not to exceed $100 for each offense. A conviction of this chapter shall constitute a violation. Each such violation shall constitute a separate violation.