[HISTORY: Adopted by the Board of Trustees of the Village of Lake Success 8-5-1985 as L.L. No. 2-1985. Amendments noted where applicable.]
It is the purpose of this chapter to protect the public interest, welfare, health and safety within the Village of Lake Success by prohibiting the consumption of alcoholic beverages in public places within the village. The Village Board finds that possession of an open or unsealed container of alcoholic beverages in a public place within the village leads to consumption of the same, resulting in public intoxication, disorderly conduct, disturbance of the public peace, littering of the public places and destruction of property. The Village Board finds that preservation of the public health and prevention of conditions which lead to conduct disturbing the public peace attributable to consumption of alcoholic beverages can be accomplished by the prohibition of consumption of alcoholic beverages in public places and by restricting the possession of an open or unsealed container of alcoholic beverages under circumstances which indicate that the possessor of such open or unsealed container in a public place intends to consume the same or intends to have it consumed by another person.
For purposes of this chapter, the following words or phrases shall have the meanings ascribed to them herein. All other words or phrases shall have the meanings normally ascribed to them in regular usage:
- ALCOHOLIC BEVERAGE
- Includes any liquor, beer, wine, spirits, cider or other liquid, patented or not, composed of or containing alcohol or spirits, whether or not brewed, fermented or distilled, and capable of being consumed by a human being.
- Any bottle, can, glass, cup or other receptacle of any kind.
- PUBLIC LAND
- Includes any public highway, street, alley, sidewalk, parking area or lot, park or playground, public building, transportation facility or ground, whether vacant or improved, within the incorporated boundaries of the village.
- The Incorporated Village of Lake Success, New York.
It shall be a violation of this chapter for any person to:
The foregoing prohibition shall not apply to consumption of an alcoholic beverage or possession for the purpose of consumption in any public place where the same is authorized by license or permit under the laws and regulations of this state and under the regulations of the village, or a gathering or function for which permission has been previously granted by the appropriate governing body, board, agency or commission.
For the purposes of this chapter, the following rebuttable presumption shall apply: The possession by any person of an open or unsealed container containing an alcoholic beverage, while in or upon public land as described in § 33-2 herein within the village, shall be presumptive evidence that said container is possessed with intent to consume the contents thereof.
[Amended 4-14-1993 by L.L. No. 1-1993]
An offense of the provisions of this chapter shall constitute a violation under the Penal Law and shall be punishable, upon conviction thereof, by a fine of not more than one thousand dollars ($1,000.) or by imprisonment for not more than fifteen (15) days, or both.