It is the purpose of this chapter to protect the public interest, welfare,
health and safety within the Town of Greenport by prohibiting the consumption
of alcoholic beverages in public places within the Town. The Town Board finds
that possession of an open container of alcoholic beverage in a public place
within the Town has led to consumption of the same, resulting in public intoxication,
disorderly conduct, disturbance of the public peace, littering of public places
and destruction of property. The Town Board finds further that preservation
of the public weal and prevention of conditions which lead to conduct disturbing
the public peace attributable to consumption of alcoholic beverages can be
accomplished by the prohibition of consumption of alcoholic beverages in public
places and by restricting the possession of an open or unsealed container
of alcoholic beverages under circumstances which indicate that the possessor
of such open or unsealed container in a public place intends to consume the
same or intends to have it consumed by another person.
The following terms used in this chapter shall have the following meanings,
unless the context requires or indicates a different meaning:
ALCOHOLIC BEVERAGE
Includes alcohol, spirits, liquor, wine, beer, cider 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.
PUBLIC PLACE
Any highway, street, sidewalk, park or playground or Town building
in the Town.
TOWN
The Town of Greenport.
It shall be a violation of this chapter for any person to:
A. Consume any alcoholic beverage in any public place within
the Town.
B. Have in his possession an open or unsealed container
of an alcoholic beverage while in any public place for the purpose of consuming
such alcoholic beverage by himself or by another in any public place.
The foregoing prohibition shall not apply to consumption of an alcoholic
beverage or possession for the purpose of consumption in any public place,
where the same is authorized by license or permit under the laws and regulations
of this state and under the regulations of the Town; nor shall such prohibition
apply to the possession of an open or unsealed container of an alcoholic beverage
solely for the purpose of transporting the same without an intent or indication
to consume the same in any public place.
This chapter shall not apply to any person in violation of § 1227
of the Vehicle and Traffic Law.
Each violation of this chapter shall be punishable by a fine not exceeding
$250 for each offense or by imprisonment not exceeding 15 days, or by both
such fine and imprisonment.