[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:
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.
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.
