[Adopted 7-1-1985 by L.L. No. 5-1985
(Ch. 2, Art. I, of the 1970 Code)]
The title of this article shall be the "Village of Fair Haven Open Container
Use and Disposal Law."
The Village of Fair Haven, in enacting this article, is exercising its
police power to promote the health, welfare and safety of its residents by
controlling the use of an open container of alcoholic beverages within public
places and to prevent public disorders and littering.
For the purpose of this article, the following terms shall have the
meanings ascribed to them. All other words shall have the meanings normally
ascribed to them in regular use.
ALCOHOLIC BEVERAGE
Includes beer, wine, liquor and all other alcoholic beverages as
defined by the New York Alcoholic Beverage Control Law.
CONTAINER
Any bottle, can, glass or other receptacle suitable for or used to
hold any liquid.
PUBLIC LANDS
Any highway, street, public sidewalk, cemetery, playground, public
parking area, public buildings, parks, except by special permit issued by
the Village Clerk or any authorized official to persons reserving the Village
Park, or such other lands as are generally open to the public.
No person shall have in his possession any open container containing
an alcoholic beverage on any public land within the Village of Fair Haven
or in any vehicle while said vehicle is on a public highway, street, parking
area or public land within the Village of Fair Haven.
No person shall break, leave or discard any open container on public
land within the Village of Fair Haven except in a waste receptacle placed
on public land and for the purpose of depositing or discarding therein waste,
or in an area designated therefor.
If any clause, sentence, paragraph, section or part of this article
shall be adjudged by any court of competent jurisdiction to be invalid, such
judgment shall not affect, impair or invalidate the remainder thereof, but
shall be confined and apply in its operation only to the clause, sentence,
paragraph, section or part thereof directly involved in the controversy in
which such judgment shall have been rendered.
This article shall take effect immediately upon its filing with the
Secretary of State.