Village of Fayetteville, NY
Onondaga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Fayetteville 2-8-1999 by L.L. No. 1-1999. Amendments noted where applicable.]
GENERAL REFERENCES
Parks — See Ch. 119.
A. 
It is the intent of the Village of Fayetteville, as an exercise of its police power, to promote the general health, safety and welfare of the residents and inhabitants of the Village by enacting this chapter, since it is the finding of the Village of Fayetteville Board of Trustees that the possession of open containers of alcoholic beverages by persons on certain 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, including but not limited to littering and raucous or other disorderly behavior.
B. 
It is further the intent of the Village of Fayetteville Board of Trustees that this chapter not be considered as a traffic regulation insofar as it relates to motor vehicles or the operation thereof.
For the purposes of this chapter, the following shall have the meanings ascribed to them. All other words shall have the meanings normally ascribed to them in regular usage.
ALCOHOLIC BEVERAGE
Includes alcohol, spirits, liquor, wine, beer and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by a human being.
CONTAINER
Any bottle, can, glass or other receptacle suitable for, or used to hold, any liquid.
OUTDOOR COMMERCIAL AREAS
Outdoor parking lots, malls, shopping centers or other outside areas of any privately owned commercial establishment where the general public is invited for business purposes.
[Amended 10-18-2010 by L.L. No. 5-2010]
PERMITTED RESTAURANT
A business engaged in the preparation and sale of food and beverages selected by patrons seated at a table or counter, served by a waiter or waitress and consumed on the premises which has obtained site plan approval and a special permit, as appropriate, from the Planning Board. The term "permitted restaurant" does not include a business whose principal operation is a carryout restaurant, delicatessen or fast-food restaurant. No drive-up car service shall be permitted.
[Added 10-18-2010 by L.L. No. 5-2010]
PUBLIC LANDS
Any highway, street, sidewalk, park, playground, municipal facility or other municipally owned property.
VILLAGE
The Village of Fayetteville.
It shall be a violation of this chapter for any person to:
A. 
Consume any alcoholic beverage on any public land within the Village; or
B. 
Have in his or her possession any open container containing any alcoholic beverage on any public lands within the Village; or
C. 
Have within his or her possession for the purposes of consumption on public lands by either him- or herself or another person any open container containing an alcoholic beverage on any public lands within the Village.
It shall be a violation of this chapter for any person to:
A. 
Consume any alcoholic beverage on any outside commercial area within the Village except for a permitted restaurant; or
[Amended 10-18-2010 by L.L. No. 5-2010]
B. 
Have in his or her possession any open container containing any alcoholic beverage on any outside commercial area within the Village; or
C. 
Have within his or her possession for the purposes of consumption on outside commercial area by either him- or herself or another person any open container containing an alcoholic beverage on any outside commercial area within the Village.
A. 
The foregoing prohibitions shall not apply in the event of a fair, picnic or other community gathering for which written special permission has been granted by the Mayor or a person designated by the Mayor to give such permission.
B. 
The foregoing prohibitions shall not apply to the transportation of an unsealed but not opened container across public lands of the Village from one point to another, with no intent to consume the contents of such open container while upon public lands.
This chapter shall apply to all persons on public lands or outside commercial areas in the Village except as provided in § 45-5 above and 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 1-23-2012 by L.L. No. 4-2012]
See Ch. 113, Penalties for Offenses.