[HISTORY: Adopted by the Common Council of the City of Middletown as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-10-1969 (Ch. 28 of the 1971 Code)]
[Amended 5-9-1983; 5-27-1987]
No person shall consume liquor, beer, wine or other alcoholic beverages while such person is on any public highway, public street, public parking area, any City-owned property or in or on any vehicle in a public place, excepting those premises duly licensed for on-premises consumption of alcoholic beverages in the City of Middletown.
Editor's Note: Original § 28-2, Open containers in vehicles, which immediately following this section, was repealed 5-9-1983.
[Added 5-27-1987; amended 4-23-2007 by L.L. No. 1-2007]
No person who is under the age of 21 years shall consume or possess alcoholic beverages, as defined by the Alcoholic Beverage Control Law of the State of New York, in any public park or its attendant parking lots, unless accompanied by a parent or legal guardian. No person shall consume or possess alcoholic beverages as defined by the Alcoholic Beverage Control Law of the State of New York in any public parks or its attendant parking lots without the written permission of the Superintendent of Recreation of the City of Middletown. Such written permission shall be given upon the sole discretion of the Superintendent upon a written application submitted at least two weeks before any date requested. Proof of financial responsibility, appropriate security arrangements and adequate cleanup may be required.
The Superintendent may delegate to any appropriate official, employee or agency the right to issue a written one-day permit without prior submission to the Superintendent, upon such appropriate conditions as the Recreation Commission may designate.
Editor's Note: This ordinance also repealed original § 28-3, Applicability.
[Amended 6-13-1983; 4-12-2010]
Any person who violates any of the provisions of this article shall, upon conviction for a first offense, be deemed guilty of an offense punishable by a fine not exceeding $100 or by imprisonment in jail for a period not exceeding 10 days, or by both such fine and imprisonment. Any person who violates any of the provisions of this article shall, upon conviction for a second or subsequent offense, be deemed guilty of an offense punishable by a fine not exceeding $250 or by imprisonment in jail for a period not exceeding 15 days, or by both such fine and imprisonment.
In the case of special events and celebrations, the Common Council may waive the prohibitions and enforcement of this article for a specific date, time, place and event.