[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:
Includes any liquid intended for human consumption containing more
than 1/2 of 1% by volume of alcohol.
Includes a fair, picnic, block party or other community gathering
in any public place.
A container, as defined herein, with the contents exposed to the
atmosphere or the seal thereof broken.
[1]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.
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.
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.
