[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:
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.
