[HISTORY: Adopted by the City Council of the City of Newburgh 8-12-1974. Amendments noted where applicable.]
No person shall have in his possession any open container containing an alcoholic beverage with the intent to drink therefrom on any public highway, street, parking lot, sidewalk or vacant land area of the City of Newburgh.
As used in this chapter, the following terms shall have the meanings indicated:
- ALCOHOLIC BEVERAGE
- Includes alcohol, spirits, liquor, wine or beer and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer capable of being consumed by a human being.
- Any bottle, can or glass or other receptacle suitable for or used to hold any liquid.
- INTENT TO DRINK THEREFROM
- Includes drinking from the container, possession with movement
of the container to the mouth, possession with alcohol on the breath
of the possessor or any circumstances evidencing an intent to ultimately
consume in any public property or public area.[Added 6-13-1988 by L.L. No. 4-1988]
This chapter shall apply to all persons on any public highway, street, parking lot, sidewalk or vacant land area of the City, except that this chapter shall not apply to any person who is drinking alcoholic beverages while operating a motor vehicle upon any public highway within the City in violation of § 1224 of the Vehicle and Traffic Law of the State of New York.
The possession of open containers of alcoholic beverages by persons on any public highway, street, parking lot, sidewalk or vacant land area of the City of Newburgh is hereby deemed to constitute a hazard and nuisance to the health, safety and welfare of the public.
[Amended 6-13-1988 by L.L. No. 4-1988]
Any persons violating this chapter shall be punished by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or both. A breach of this chapter shall constitute a violation.