[HISTORY: Adopted by the City Council of the City of Geneva as indicated
in article histories. Amendments noted where applicable.]
[Adopted 7-3-1968 as Ch. 65, §§ 65-17
and 65.100C, of the 1968 Code]
[Added by Ord. No. 81-20, eff. 9-2-1981;
amended by Ord. No. 83-14, eff. 6-1-1983]
No person shall consume any alcoholic beverage or possess any open container of alcoholic beverage as provided by §§ 69-3, 69-4 and 69-5 of this chapter in the area of the Chamber of Commerce Lake Site and the property immediately adjacent thereto on the east, commonly known as the Gil Waltz Memorial property, between the hours of 7:00 p.m. and 6:00 a.m., notwithstanding the exceptions stated in said sections.
[Added by Ord. No. 81-27, eff. 9-2-1981]
A violation of the provisions of § 69-1 shall be punishable by a mandatory, minimum fine of $25 and a maximum fine not exceeding $250 or by imprisonment not exceeding 15 days or by both said fine and imprisonment.
[Adopted 7-3-1968 as Ch. 65, Art. IX and § 65.100A,
of the 1968 Code]
[Amended by Ord. No. 69-10; Ord. No. 72-7; 5-4-1983
by Ord. No. 83-12]
A.
The City Council finds that the unrestricted consumption
of alcoholic beverages in certain public places often leads to disorders and
related problems as well as the littering of such public places and is disturbing
to the public and threatens peace and good order.
B.
The purpose of this article is to prohibit the consumption
of alcoholic beverages in certain public places in order to prevent disorderly
behavior and the littering of public places; and to protect the public health,
safety and welfare and to promote the public good.
[Amended 5-4-1983 by Ord. No. 83-11]
A.
Prohibited. No person shall within the City of Geneva,
drink or otherwise consume liquor, wine, beer or other alcoholic beverages
while such person is in or upon any public sidewalk, street, highway, parking
lot, bathing beach, public park or such other public place as defined by § 240.00
of the Penal Law of the State of New York.
B.
Possession of open containers. No person shall carry or have in his or her possession, within the City of Geneva, any open bottle or open container containing liquor, wine, beer or other alcoholic beverage with the intent of the possessor or another to consume same in any of the public places described in Subsection A of this section.
C.
Presumptions.
(1)
The possession of an open bottle or open container unwrapped
or with the top exposed in a public place as herein defined shall be presumptive
evidence that such open bottle or open container is intended to be consumed
in a public place.
(2)
An open bottle or open container in any vehicle while
in or on any public sidewalk, street, highway, parking lot, bathing beach,
public park or other public place as defined by § 240.00 of the
Penal Law of the State of New York shall be presumptive evidence that the
same is in the possession of all the occupants thereof.
A.
The provisions of § 69-4 shall not apply to any public park, except Pulteney Park and Genesee Park, or any bathing beach in the city during the hours of 9:00 a.m. to 11:00 p.m.
B.
The provisions of § 69-4 shall not apply to any activity sponsored by an organization having proper license to dispense alcoholic beverages upon public property in the city, said license having been issued by the Alcoholic Beverage Control Board of Ontario County and such organization having obtained permission from the City Manager for the granting of this exception. No fee shall be charged for the granting of this permission. This exception shall apply only to the public property in the city upon which the alcoholic beverages are dispensed.
[Added 2-3-1988 by Ord No. 88-1]
No person under 21 years of age shall possess any alcoholic beverage
in a public place as defined by § 240.00 of the Penal Law of the
State of New York, and any alcoholic beverage found to be in the possession
of a person under 21 years of age in such public place shall be confiscated.
[Amended by Ord. No. 81-27, eff. 9-2-1981]
A violation of any of the provisions of this article shall be punishable
by a fine not exceeding $250 or by imprisonment not exceeding 15 days, or
by both said fine and imprisonment. Each day any such violation shall continue
shall constitute a separate violation.
