The purpose of this chapter is to regulate the
consumption of alcoholic beverages on public lands and the possession
of open containers of alcoholic beverages on public lands in the Village
of Owego. This chapter is being enacted to preserve the public peace
and good order and to exercise the police power of the village, to
promote the general health, safety and welfare of the residents of
the village, since it is the finding of the Board of Trustees that
the possession of open containers of alcoholic beverages by persons
on public lands, streets and sidewalks and the consumption of alcoholic
beverages on public lands should be regulated, except under controlled
conditions, as such is detrimental to the health, safety and welfare
of the residents of the Village of Owego, in that such possession
and consumption contributes to the development of unsanitary conditions
and the creation of a nuisance. It is further the intent of the Board
of Trustees that this chapter shall not be considered as a traffic
regulation insofar as it relates to motor vehicles or to the operation
thereof.
For the purpose of this chapter, the following
terms shall have the meanings ascribed to them. All other words shall
have the meanings normally ascribed to them in regular usage.
ALCOHOLIC BEVERAGES
Includes all beverages as defined in the Alcoholic Beverage
Control Law of the State of New York.
CONTAINER
Any bottle, can, glass, cup or similar receptacle suitable
for or used to hold any liquid.
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.
OPEN CONTAINER
The condition of the 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, whose cap, cork, top
or other closing device has been removed, or the condition of a can
which is punctured or pulled open so as to break its seal.
POSSESSION
Exercise of dominion over the container or beverage.
PUBLIC LANDS
Any highway, street, sidewalk, park, playground, parking
lot, shopping center, school grounds or lands owned by the municipality
or in possession of said municipality or any other place to which
the public has access, including a public parking lot or driveway
for one or more vehicles used by patrons of any commercial, industrial
or professional place of business, but excluding those public places
wherein the use and consumption of alcoholic beverages is authorized
pursuant to a license or permit issued under the Alcoholic Beverage
Control Law of the State of New York.
No person shall possess, carry or transport
any alcoholic beverage with the intent to consume the same in any
open or unsealed container on any public lands as defined as aforesaid
or in any motor vehicle as defined by the Vehicle and Traffic Law
of the State of New York.
[Amended 6-3-2019 by L.L.
No. 6-2019]
A. Open containers may be allowed in Marvin Park or Dave Livingston
Memorial Park for groups under 25 persons by permit approved and issued
by the Superintendent of Public Works.
B. Open containers may be allowed in Marvin Park or Dave Livingston
Memorial Park for groups of 25 or more persons or on any other public
lands for all group sizes by permit approved by the Village Board
of Trustees and issued by the Superintendent of Public Works.
C. Conditions, requirements, and fees may be set by resolution of the
Village Board of Trustees.
Each violation of this chapter shall be punishable
by a fine not to exceed $250 or by imprisonment for not more than
15 days, or both, for each offense. A conviction of an offense against
this chapter shall constitute a violation. Each such violation shall
constitute a separate violation.