[Adopted 6-23-1986 by L.L. No. 3-1986[1]]
[1]
Editor's Note: This local law also repealed
former Article IX, Alcoholic Beverages in Public Places, adopted 2-27-1984
by L.L. No. 2-1984.
It is the purpose of this article to protect
the public interest, welfare, health and safety within the Village
of Valley Stream by prohibiting the consumption of alcoholic beverages
in public places within the Village. The Village Board of Trustees
finds that possession of an open container of alcoholic beverage in
a public place within the Village has led 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 of Trustees finds, further, 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 article, 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 or solid, 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
which is suitable for or used for holding any alcoholic beverage.
Includes any public highway, street, alley, sidewalk, parking
area or lot, park or playground, public building, transportation facility
or any other public facility or ground, whether vacant or improved,
within the boundaries of the Incorporated Village of Valley Stream.
The Incorporated Village of Valley Stream, Nassau County,
New York.
It shall be a violation of this article 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 article, 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 defined in § 59-24 hereof, within the Village, shall be presumptive evidence that said container is possessed with intent to consume the contents thereof.
This article shall not apply to any person in
violation of § 1227 of the Vehicle and Traffic Law.
[Amended 11-19-2018 by L.L. No. 28-2018]
Each violation of this article shall constitute
a separate offense and, upon conviction, shall be subject to the following:
A.
For a first offense under this article, a fine of
not less than $500 and/or 15 day in jail for each violation, or by
both such fine and imprisonment.
B.
For a second or subsequent offense under this article,
a fine of $500 and/or 15 days in jail for each violation, or by both
such fine and imprisonment.
All ordinances, local laws or resolutions or
parts of ordinances, local laws or resolutions of the Incorporated
Village of Valley Stream inconsistent with the provisions of this
article are hereby repealed; provided, however, that such repeal shall
be only to the extent of such inconsistency, and in all respects this
article shall be in addition to other legislation regulating and governing
the subject matter covered by this article.
If any section, paragraph, subdivision or provision
of this article shall be adjudged invalid or held unconstitutional,
the same shall not affect the validity of this article as a whole
or any part or provisions thereof, other than the part so decided
to be invalid or unconstitutional.
