[HISTORY: Adopted by the Board of Trustees of the Village of Weedsport
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-3-1980 by L.L. No. 2-1980]
The title of this article shall be the "Village of Weedsport Open Container
Use and Disposal Law."
The Village of Weedsport in enacting this article is exercising its
police power to promote the health, welfare and safety of its residents by
controlling the use of an open container of alcoholic beverages within public
places and to prevent public disorders and littering.
For the purpose of this article, the following shall have the meanings
ascribed to them. All other words shall have the meaning normally ascribed
to them in regular use.
Includes beer, wine, liquor, and all other alcoholic beverages as
defined by the New York Alcoholic Beverage Control Law.
Any bottle, can, glass, or other receptacle suitable for, or used
to hold, any liquor.
Drinking from the container, with alcohol on the breath of the possessor
and/or any circumstances evidencing an intent to ultimately consume on any
public lands. Being in possession of an open container shall be presumptive
evidence of intent to consume.[1]
A container with the contents exposed to the atmosphere or the seal
thereof broken.[2]
Any highway, street, public sidewalk, cemetery, playground, public
parking area, public buildings, parks, except by special permit issued by
the Village Clerk or any authorized official to persons reserving the Village
Park, or such other lands as are generally open to the public.
No person shall have in his possession any open container containing
an alcoholic beverage on any public land within the Village of Weedsport,
or in any vehicle while said vehicle is on a public highway, street, parking
area or public land within the Village of Weedsport.
No person shall break, leave, or discard any open container on public
land within the Village of Weedsport, except in a waste receptacle placed
on public land and for the purpose of depositing or discarding therein waste,
or in an area designated therefor.
A.
A violation of this article shall constitute a violation as defined
in the Penal Law of the State of New York.
