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.
CONTAINER
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.