[HISTORY: Adopted by the Board of Trustees of the Village of Pulaski as indicated in article histories. Amendments noted where applicable.]
[Adopted by L.L. No. 1-1978]
It is the intent of the Village of Pulaski as an exercise of its police power to promote the general health, safety and welfare of the residents of the Village by enacting this article since it is the finding of the Board of Trustees that the possession of open containers of alcoholic beverages by persons on certain public lands except under controlled conditions is detrimental to the health, safety and welfare of the residents of the Village in that such possession contributes to the development of unsanitary conditions and the creation of a nuisance. It is further the intent of the Board of Trustees of the Village of Pulaski that this article not be considered as a traffic regulation insofar as it relates to motor vehicles or the operation thereof.
For the purposes of this article, the following shall have the meanings ascribed to them. All other words shall have the meaning normally ascribed to them in regular usage.
- ALCOHOLIC BEVERAGE
- Includes alcohol, spirits, liquor, wine, beer, cider and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by a human being.
- Any bottle, can, glass or other receptacle suitable for, or used to hold any liquid.
- INTENT TO CONSUME
- Drinking from the container, with alcohol on the breath of the possessor and/or any circumstances evidencing an intent to ultimately consume on any public lands.
- OPEN CONTAINER
- A container with the contents exposed to the atmosphere or the seal thereof broken.
- PUBLIC LANDS
- Any highway, street, sidewalk, park or playground.
- The incorporated Village of Pulaski.
No person shall have in his possession with intent to consume any open container containing an alcoholic beverage on any public land within the Village.
The foregoing prohibition shall not apply in the event of a fair, picnic or other community gathering for which special permission has been granted by the Village.
This article shall apply to all persons on public lands in the Village except as provided in § 11-4 above and shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon any public highway within the Village in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.