[HISTORY: Adopted by the Town Board of the Town of Lloyd as indicated
in article histories. Amendments noted where applicable.]
[Adopted 3-10-1976 by L.L.
No. 1-1976]
A.Â
This article is adopted pursuant to § 130 of
the Town Law of the State of New York to preserve the public peace and good
order and to exercise the police power of the Town to promote the general
health, safety and welfare of the residents of the Town. It is the finding
of the Town Board of the Town of Lloyd that the possession of open containers
of alcoholic beverages by persons on certain public lands and streets and
sidewalks with the intent of consuming such alcoholic beverages upon any such
public land, except under controlled conditions, is detrimental to the health,
safety and welfare of the residents of the Town and that there is a significant
relationship between the possession of an open container in a public place
with the intent to consume the same and the consumption of alcohol in a public
place.
[Amended 12-1-1993 by L.L.
No. 2-1993]
For the purpose of this article, the following terms shall have the
meanings ascribed to them. All other words shall have the meanings normally
ascribed to them in regular usage.
Includes alcoholic 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, which has been uncapped, uncorked, the tab removed or the
top sliced, cut or broken, or its original condition altered in such a way
that the liquid can flow out of it.
Either a natural person or a corporation, which shall be liable for
the acts of its officers, directors, agents and employees if the violation
occurs while they are acting within the scope of their corporate duties or
employment.
The exercise of control or dominion over the container, and shall
include both actual possession, as by the person actually holding, carrying
or having such container on his person, and constructive possession, where
the accused is observed in reasonable proximity to the open container under
a state of facts which indicates he is exercising the primary dominion and
control over said open container, alone or jointly with other persons.
Any highway, street, sidewalk, park, playground, recreation area
and any land owned by the Town, and of its districts, or owned by any other
municipal or governmental unit.
[Amended 12-1-1993 by L.L.
No. 2-1993]
A.Â
No person shall drink or otherwise consume any alcoholic
beverage on any public land within the Town, nor shall any person have in
his possession an open or unsealed container of alcoholic beverage while on
any public land for the purpose or with the intent of consuming such alcoholic
beverage by himself or by another on any public land.
B.Â
No person shall consume any alcoholic beverage in any
vehicle on any public land within the Town, nor shall any person have in his
possession, while in a vehicle on any public land within the Town, an open
or unsealed container of an alcoholic beverage for the purpose of or with
the intent of consuming such alcoholic beverage by himself or by another on
any such public land.
[Amended 12-1-1993 by L.L.
No. 2-1993]
The foregoing prohibitions shall not apply in designated park areas
during hours open or in the event of a church bazaar, carnival, circus, fair,
picnic or other community gathering for which special permission or a license
has been granted by the Town Board of the Town of Lloyd, nor shall the foregoing
prohibitions apply to any person who is lawfully possessing or transporting
empty, open or unsealed containers of alcoholic beverage for the purposes
of recycling or redeeming of any deposit paid thereon.
This article shall apply to all persons on public lands in the Town, except as provided in § 32-4 above, and shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon any public highway within the Town in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.
[Amended 3-12-1980 by L.L.
No. 4-1980]
Each violation of this article shall be punishable by a fine not exceeding
$250 or imprisonment for a term not exceeding 15 days, or both, for each offense.
A conviction under this article shall constitute a violation and not a crime,
and the Town of Lloyd, Town Court and its Town Justices are hereby authorized
to hear and determine, without a jury, complaints arising hereunder.
