Village of Port Washington North, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Port Washington North 9-10-1979 by L.L. No. 4-1979. Amendments noted where applicable.]
The Board of Trustees of the Incorporated Village of Port Washington North hereby declares and finds it to be in the public interest to provide for the regulation of certain conduct in public places within the Village.
For the purpose of this chapter, the terms used herein are defined as follows:
ALCOHOLIC BEVERAGE
Includes any liquid intended for human consumption containing more than 1/2 of 1% by volume of alcohol.
EVENT
Includes a fair, picnic, block party or other community gathering in any public place.
OPEN CONTAINER
A container, as defined herein, with the contents exposed to the atmosphere or the seal thereof broken.
[1]
PUBLIC PLACE
A place to which the public, or a substantial group of persons has access on a regular basis, including but not limited to any highway, street, road, sidewalk, parking area, shopping area, place of amusement, playground, park or beach located within the Village of Port Washington North, except that the definition of "public place" shall not include those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or any institution, club or place which is in its nature distinctly private.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Consumption of alcoholic beverages is prohibited. Except as hereinafter provided, no person shall consume alcoholic beverages in or on any public place.
[Amended 11-4-1985 by L.L. No. 5-1985]
B. 
Possession of alcoholic beverages in a public place with the intent to consume all or any portion of the contents thereof in a public place is prohibited. Unless otherwise authorized by local law of the Village of Port Washington North and except as hereinafter provided, no person shall have in his possession an open bottle, can or other container containing any alcoholic beverages, with the intent to consume all or any portion of the contents thereof in a public place, in or on any public place in the Village of Port Washington North or in a motor vehicle, as defined by the Vehicle and Traffic Law, which is parked or standing on a public place.
[Amended 11-4-1985 by L.L. No. 5-1985]
C. 
Presumptions.
[Amended 11-4-1985 by L.L. No. 5-1985]
(1) 
The existence of any open bottle, can or other container containing any alcoholic beverages found in any motor vehicle, except a public omnibus, shall be deemed presumptive evidence that the same is in the possession of all occupants thereof and in violation of this chapter.
(2) 
The possession by any person of any open bottle, can or other container containing any alcoholic beverages, while in or upon a public place, shall be presumptive evidence that said container is possessed with the intent to consume the contents thereof in a public place.
D. 
Permits for special events.
(1) 
At least 10 calendar days prior to the proposed date of an event, any person may apply to the Mayor of the Village, on his own behalf or on behalf of an organization, for a permit to possess and consume any alcoholic beverages described herein during or in the conduct of an event.
(2) 
The application shall contain the following information:
(a) 
The name of the applicant(s) and the address and telephone numbers of each. Where the applicant is an organization, the name and address of the organization and its officers shall be given.
(b) 
The purpose of the event, the date when it is proposed to be held, the approximate tine when this event will start and terminate and the location of the assembly area.
(c) 
Such other information as the Mayor may deem reasonably necessary.
(3) 
Where the Mayor shall determine that the proposed event is of such character, size and location as to be appropriate to and in harmony with the surrounding area and that the public health, morals, safety and general welfare of such neighborhood will not be endangered by the granting of such permit, he shall issue a permit conditioned upon the applicant's written agreement to comply with the terms of such permit.
(4) 
Upon a denial by the Mayor of an application made pursuant to § 51-3D(1) hereof, the applicant may appeal the determination of then Mayor to the Board of Trustees of the Village by filing a written notice of appeal for a hearing by the Board at its next meeting.
(5) 
The Mayor may waive the requirements of § 51-3D where, in his opinion, any irregularity or noncompliance would not endanger the public health, morals, safety and general welfare of such neighborhood and where strict compliance would result in unreasonable hardship upon the applicant.
A violation of any provision of this chapter shall constitute a violation pursuant to the Penal Law, punishable by a fine not to exceed $250 or by imprisonment for a term not to exceed 15 days, or both. Each violation of this chapter shall be deemed a separate violation.