[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.
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.
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.[1]
A container with the contents exposed to the atmosphere or the seal
thereof broken.[2]
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.
