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Town of Guilderland, NY
Albany County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Guilderland 7-14-1981 by L.L. No. 4-1981 (Subpart 15, Div. 2, of the 1974 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 81.
Parks and recreation — See Ch. 212.
As used in this chapter, the following terms shall have the meanings indicated:
INTENT TO CONSUME
Includes any of the following:
A. 
Drinking from the container.
B. 
Possession with movement of the container to the mouth.
C. 
Possession with alcohol on the breath of the possessor.
D. 
Any circumstances evidencing an intent to ultimately consume on any public lands without permission.
OPEN CONTAINER
Any bottle, can or container containing liquor, beer, wine or other alcoholic beverage, as the same is defined by the Alcoholic Beverage Control Law of the State of New York.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
No person shall have in his possession with intent to consume any open bottle or other open container containing liquor, beer, wine or other alcoholic beverage while such person is in or upon any public sidewalk, street, lane, highway, shopping area, place of amusement, park, playground area, public building, public or commercial parking lot or parking area serving a commercial, industrial, professional or eleemosynary place of business, or other public place, or in any vehicle in any such place, except premises duly licensed for sale and consumption of alcoholic beverages on the premises.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
An open bottle or open container in any vehicle shall be presumptive evidence that the same is in possession with intent to consume of all the occupants thereof.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Notwithstanding any provision of this chapter, it shall not be unlawful for any person to consume an alcoholic beverage in any public park, playground or other public area under the ownership, control or supervision of the Town of Guilderland, provided that such alcoholic beverage is consumed pursuant to a permit therefor issued by the Town of Guilderland, or any duly authorized officer or agent thereof, pursuant to any local law, ordinance, resolution, rule or regulation duly enacted, adopted or promulgated by the Town of Guilderland or by any duly authorized board, officer or agent thereof.
A violation of this chapter shall constitute an offense punishable as set forth in Chapter 1, General Provisions, Article III.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).