[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.[1]
[1]
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was repealed 5-9-1983.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.
[Added 5-27-1987[1]]
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.
[1]
Editor's Note: This ordinance also repealed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.
[Added 5-26-1981]
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.
