[HISTORY: Adopted by the Town Board of the Town of Warwick 6-27-1996 by L.L. No. 1-1996. Amendments noted where applicable.]
The Town Board of the Town of Warwick hereby declares its intent to prevent such conduct that contributes to the development of unsanitary conditions and the creation of nuisances, including but not limited to littering and raucous or other disorderly behavior. It is further the intent of the Town Board that this chapter not be considered as a traffic regulation, insofar as it relates to motor vehicles or the operation thereof.
This chapter shall be known as the "Public Safety Law of the Town of Warwick."
For the purpose of this chapter, the following terms shall have the meanings ascribed to them. All of the words shall have the meanings normally ascribed to them in regular usage.
- ALCOHOLIC BEVERAGE
- Includes alcohol, 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.
- PUBLIC LANDS
- Any highway, street, sidewalk, park or playground.
- The Town of Warwick.
It shall be a violation of this chapter for any person to:
Consume any alcoholic beverage on any public lands within the Town of Warwick;
Have in his possession any open container containing any alcoholic beverage on any public lands within the Town;
Have within his possession, for the purpose of consumption on public lands, by either himself or another person, any open container containing an alcoholic beverage on any public lands within the Town;
Congregate with others upon any public lands within the Town of Warwick;
Remain in doorways or stairways adjacent to any public lands within the Town of Warwick or loiter about such public places; or
Refuse to move on when ordered to do so by a police officer or move on and congregate or loiter in another area or return to the same area.
The foregoing prohibitions shall not apply:
Within the geographical and time limits of a fair, picnic or any other community gathering for which special permission has been granted by the Town; or
To the transportation of an unsealed, but not opened, container across public lands of the Town, from one point to another, with no intent to consume the contents of such opened containers, for those who can legally possess such beverage, pursuant to § 65-c of the Alcoholic and Beverage Control Law of the State of New York, while on public lands.
This chapter shall apply to all persons on the public lands in the Town, except as provided for in § 116-5 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 Laws of the State of New York.
Any person violating any of the provisions of this chapter shall be guilty of a violation as a disorderly person, punishable by a fine not less than $25 nor more than $250 or by imprisonment of not less than one day no more than 15 days, or a combination of a fine and imprisonment.