The purpose of this chapter is to promote and
preserve the health, safety and general welfare of the public and
to maintain peace and order in the Village of Newark Valley and to
regulate the use of those areas designated as Village property or
Village parks.
It shall be presumed that any alcohol, spirits,
wine, beer or cider which is commercially prepared and sold under
a brand name contains more than 3.2% of alcohol by volume. This presumption
shall be rebuttable.
The following definitions shall be applicable
to this chapter:
ALCOHOLIC BEVERAGE
Includes alcohol, spirits, liquor, wine, beer, cider and
every liquid or solid, patented or not, capable of being consumed
by a human being and containing more than 3.2% of alcohol by volume.
INTENT TO CONSUME
Includes any of the following:
[Added 10-3-1994 by L.L. No. 1-1994]
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.
OPEN CONTAINER
A container not (or no longer) securely capped, corked or
sealed, and includes a can or similar container which has been perforated
or a container on which the secure capping, sealing or corking (normally
provided by the manufacturer of the alcoholic beverage) has been disturbed,
as would be exemplified by containers on which the cap has been loosened
or the cork displaced or the seal torn or mutilated.
[Added 10-3-1994 by L.L. No. 1-1994]
PUBLIC PLACE
A place or area to which the public or a substantial number
of persons have access, including but not limited to highways, sidewalks,
transportation facilities, schools, places of amusement, parks and
playgrounds and hallways, lobbies and other portions of apartment
houses, motels and hotels not constituting rooms or apartments designated
for actual residences.
VILLAGE PARKS
The area commonly known as the "Village Green," which is
bounded northerly by Rock Street, southerly and easterly by Park Street
and westerly by Route 38, and the area commonly known as the "Trout
Ponds," which is described in deeds recorded in Liber 263 of Deeds,
page 453, and Liber 348 of Deeds, page 926, Tioga County Clerk's Office,
and the open area at the southwesterly corner of the intersection
of Main Street and Water Street, presently designated on the Village
Tax Map as No. 64.15-3-39.00, and any other areas hereafter designated
as park areas by the Village Board.
[Amended 10-3-1994 by L.L. No. 1-1994]
VILLAGE PROPERTY
Any other real property, with or without improvements thereon,
which is owned, operated or otherwise under the control of the Village
of Newark Valley.
The offenses defined in Article 240 of the Penal
Law of the State of New York, titled "Offenses Against Public Order,"
shall be applicable to all public places, Village property and Village
parks, as defined by this chapter.
[Amended 10-3-1994 by L.L. No. 1-1994]
No person shall consume any alcoholic beverage
or possess an open container containing any alcoholic beverage with
intent to consume the same in any public place except while in possession
of a license or permit issued by the Alcoholic Beverage Control Board
or a permit issued by the local authority as hereinafter set forth.
Any violation of this chapter shall be punishable
in accordance with the penalties established for violations committed
under the Penal Law of the State of New York by a fine not exceeding
$250 or by imprisonment for a term not exceeding 15 days or by both
such fine and imprisonment, except that any violation of a provision
regulating motor vehicle traffic under this chapter shall be considered
a traffic infraction and shall be punishable in accordance with the
provisions of the Vehicle and Traffic Law of the State of New York.