Town of Ontario, NY
Wayne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Ontario 6-18-1979 by L.L. No. 3-1979. Amendments noted where applicable.]
This chapter shall be known as the "Open Container Local Law of the Town of Ontario, New York."
The purpose of this chapter shall be to preserve the public peace and good order in the Town and to contribute to the public welfare, safety and good order of its people by establishing certain regulations on the possession or consumption of alcoholic beverages in public streets and public places, except under certain conditions, consistent with the rights and privileges of the residents of the Town of Ontario.
As used in this chapter, the following terms shall have the meanings indicated:
OPEN BOTTLE OR CONTAINER
Any open, unsealed, resealed or partially filled bottle, can, flask, thermos, jar or other object in which alcoholic beverages are contained.
[Amended 1-11-1988 by L.L. No. 1-1988]
A. 
No person shall drink liquor, wine, beer or other alcoholic beverage or have in his possession with the intent to consume any open bottle or container containing liquor, wine, beer or other alcoholic beverage while such person is on any public highway, public street, public sidewalk, public parking area, public park, except as provided in § 40-5 of this chapter, or similar public place or in any vehicle on a public street or public place or on private property without the invitation or permission of the owner of said property, except on those premises duly licensed for sale and consumption of alcoholic beverages on the premises.
[Amended 1-11-1988 by L.L. No. 1-1988]
B. 
No person shall drink liquor, wine, beer or other alcoholic beverage or have in his possession any open bottle or container containing liquor, wine, beer or other alcoholic beverage while such person is the operator of or a passenger in a motor vehicle on any public highway, public street, public parking area, public park, except as provided in § 40-5 of this chapter, or similar public place or on private property without the invitation or permission of the owner of such property.
(1) 
Any open bottle or open container containing alcoholic beverage in any vehicle shall be presumptive evidence that the same is in possession of all occupants thereof and in violation hereof.
(2) 
The provisions of this chapter shall not be deemed to apply to any person drinking an alcoholic beverage while operating a motor vehicle upon a public highway in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.
[Amended 1-11-1988 by L.L. No. 1-1988]
If any individual or organization desires to distribute or consume alcoholic beverages in any public park in the Town of Ontario, said individual or organization must apply to the Recreation Director or his duly authorized representative for a permit therefor on or before the date scheduled for dispensing such beverages. No fee shall be charged for the granting of said permit, and said permit shall be issued only upon the following conditions:
A. 
Such individual or organization, by its duly authorized officer, must agree, in writing, to assume full responsibility for supervising the conduct of the group of individuals benefiting from such permit and to properly clean up the premises after use.
B. 
Such individual or organization must further agree, in writing, that adequate precautions shall be taken to ensure that minors will not be served alcoholic beverages at the permitted event or gathering.
C. 
No alcoholic beverages shall be consumed other than on the specific premises described in the permit, and only during the time stated therein.
D. 
No permit shall be issued to any individual or organization which has previously been issued a permit and has failed to comply with the provisions hereof.
It shall be the duty of any law enforcement officer within the Town of Ontario to enforce the provisions of this chapter.
The violation of this chapter shall be deemed an offense, and a violation thereof shall be punishable by a maximum fine of $250 or by imprisonment not exceeding 15 days, or both such fine and imprisonment.