Village of Hamburg, NY Chapter 105 Alcoholic Beverages

[HISTORY: Adopted by the Board of Trustees of the Village of Hamburg 7-20-1970. Amendments noted where applicable.]

GENERAL REFERENCES

Parks and recreation areas — See Ch. 167.

§ 105-1 Definitions. [1]

As used in this chapter, the following terms shall have the meanings indicated:

INTENT TO CONSUME

Includes any of the following:

A. Drinking from the container.

B. Possession with movement of the container to the mouth.

C. Possession with alcohol on the breath of the possessor.

D. Any circumstances evidencing an intent to ultimately consume on any public lands without permission.

OPEN CONTAINER

Any bottle, can or container containing liquor, beer, wine or other alcoholic beverage, as the same is defined by the Alcoholic Beverage Control Law of the State of New York.

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 105-2 Consumption or possession; exception.

A. No person shall consume any intoxicating beverage or have in his or her possession with intent to consume any open bottle or container, containing liquor, beer, wine or other alcoholic beverage on or in any street or private road, bridge, alley, park, garden, parking lot, athletic field, playground, sidewalk, driveway or in any moving, standing or parked vehicle within the Village of Hamburg. An open bottle or open container in any vehicle shall be presumptive evidence that the same is in possession with intent to consume by all the occupants thereof and in violation hereof.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. This section shall not be construed to prohibit such consumption in a park during the actual conduct of a carnival, lawn fete or similar activity by a veterans' organization, volunteer fire department, charitable organization or similar such organization, provided that the same is being conducted with the express consent of the Board of Trustees by resolution duly adopted.[2]

[2] Editor's Note: The current fee schedule is included in the Appendix of this Code.

§ 105-3 Penalties for offenses. [1]

Any person violating any of the provisions of this chapter shall be guilty of a violation and, upon conviction thereof, shall be punishable by a maximum fine of $250 or by a term of imprisonment of not more than 15 days, or both.

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).