[HISTORY: Adopted by the Town Board of the Town of Deerpark 6-17-1985 by L.L. No. 2-1985. Amendments noted where applicable.]
The Town of Deerpark enacts the following chapter, to regulate the possession of any open or unsealed bottle or container, containing liquor, beer, wine, spirits or any other alcoholic beverage while such person is on any public highway, public street, public sidewalk, public parking area, public park or recreation area, public alley, property and improvements of the Port Jervis School District located within the Town of Deerpark, or area as aforesaid excepting those premises and locations licensed for the sale of and consumption of alcoholic beverages in the Town of Deerpark, NY.
As used in this chapter, the following terms shall have the meanings indicated:
- ALCOHOLIC BEVERAGE
- Includes alcohol, spirits, liquor, wine or beer, and every liquor or solid, patented or not, containing alcohol, spirits, wine or beer capable of being consumed by a human being.
- Any bottle, can, or glass or other receptacle suitable for or used to hold any alcoholic beverage.
The possession of open and unsealed containers of alcoholic beverages by persons on any public highway, public street, parking lot, public sidewalk, public parking area, public park or recreation area, property and improvements of Port Jervis School District, or area as aforesaid, in the Town of Deerpark is hereby deemed to constitute a hazard and nuisance to the health, safety and welfare or the public and shall be unlawful.
Any person violating any of the provisions of this chapter shall be deemed guilty of a violation punishable by a fine not exceeding $100, or by imprisonment not exceeding 15 days, or by both such fine and imprisonment.
In the case of a special event and/or celebration the Town Board of the Town of Deerpark may waive the prohibitions and the enforcement of this chapter for a specific date, time, place, and event and/or celebration by resolution duly approved.