The Town Board of the Town of Tonawanda has found that the possession
of open containers of alcoholic beverages by persons on public lands, except
under controlled conditions, contributes to the depreciation of those lands
and to the development of unsanitary conditions and nuisances and is otherwise
detrimental to the health, safety, morals and welfare of the residents of
the Town of Tonawanda. In order to promote the public health, safety, morals
and welfare of the residents of the town and to preserve peace and good order
in the town, the purpose of this chapter is to restrict the possession of
open containers of alcoholic beverages on the public lands in the Town of
Tonawanda, outside of the Village of Kenmore. It is further the intent of
the Town Board that this chapter not be considered as a traffic regulation
insofar as it relates to motor vehicles or the operation thereof.
No person, acting individually or jointly with other persons, shall
have in his possession any open containers containing an alcoholic beverage
on any public land within the Town of Tonawanda, outside of the Village of
Kenmore.
This chapter shall apply to all persons on public lands in the Town of Tonawanda, outside of the Village of Kenmore, except as provided in §
41-4 hereof, but shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon any public highway within the Town of Tonawanda, outside of the Village of Kenmore, in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.
Any person committing an offense against this chapter, or any section
or provision thereof, is guilty of a violation punishable by a fine not exceeding
$250 or by imprisonment for a period not exceeding 15 days for each such offense,
or by both fine and imprisonment.