[HISTORY: Adopted by the Board of Trustees of the Village of Hudson Falls 8-18-1986 as Ch. 19 of the 1968 Code; amended in its entirety 7-14-2014 by L.L. No. 4-2014. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Open house parties — See Ch. 61.
Nuisance abatement — See Ch. 140.
Village parks — See Ch. 205.
As an exercise of its police power in order to promote the general health, safety and welfare of the residents of the Village, the Village Board of Trustees finds the unrestricted consumption of alcoholic beverages in certain public places often leads to many public order offenses and related problems as well as the littering of such public places and the development of unsanitary conditions, all of which are disturbing to the public and threaten the peace, good order and quality of life in the Village. Accordingly, it is the legislative intent of this chapter to prohibit the consumption of alcoholic beverages in certain public places in order to prevent disorderly behavior, the development of unsanitary conditions and the littering of public places, and to otherwise protect the public health, safety and welfare of the residents of the Village of Hudson Falls, and to promote the public good therein.
For the purpose of this chapter, the following terms shall have the meanings ascribed to them. All other 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.
OPEN CONTAINER
Any bottle, can, glass or other receptacle suitable for holding, or used to hold, any liquid, which has a seal that has been previously broken, or a cap, top, cork or other closure device that has otherwise been previously separated from the receptacle, or is otherwise considered "open."
PUBLIC PLACE
Any place or location open to the public, including but not limited to any street, highway, road, alley, sidewalk, parking area, shopping area, school grounds, playground or public park located within the Village of Hudson Falls. Public place shall also include the interior of any motor vehicle which is on any highway, street, road, parking area, shopping area, school grounds, playground or public park within the Village of Hudson Falls. The definition of a public place shall not include those premises duly licensed for the sale and consumption of alcoholic beverages on said premises, and shall not include private property restricted to private use.
A. 
No person shall, within the Village of Hudson Falls, drink or otherwise consume liquor, wine, beer or other alcoholic beverages while said person is in or upon any public place as defined herein.
B. 
No person shall carry or have in his and/or her possession within or upon any public place in the Village of Hudson Falls any open container containing liquor, wine, beer or other alcoholic beverage with the intent of the possessor or another to consume the same in any public place defined herein.
C. 
Possession of an open container containing an alcoholic beverage by any person in a public place shall create a rebuttable presumption that such person did intend to consume the contents thereof in said public place in violation of this chapter.
D. 
An open container in any vehicle shall be presumptive evidence that the same is in possession of all occupants thereof and in violation hereof.
E. 
For the purposes of this chapter, any container labeled as a container of an alcoholic beverage, such as a can of beer or a bottle of wine, shall be presumed to contain at least some amount of the alcoholic beverage described on said label.
F. 
For the purposes of this chapter, all beer and all wine, regardless of the percentage of alcoholic content, shall be presumed to be alcoholic beverages.
The following acts and activities are deemed exempt and not subject to this chapter:
A. 
The consumption of any medicine containing alcohol under circumstances evincing an intent to treat or remedy a medical condition.
B. 
The public consumption of alcoholic beverages by the patrons of any tavern, restaurant or other organization duly licensed to serve alcoholic beverages whose license may extend upon a sidewalk or other public area.
C. 
The consumption of alcoholic beverages during and within the designated areas of a community activity, fair, or other community gathering sanctioned by the Village Board of the Village of Hudson Falls, for which a written permit has been issued by said Village Board.
D. 
The consumption of alcoholic beverages as permitted by § 1227 of the New York State Vehicle and Traffic Law.
A. 
Any person convicted of violating any provision of this chapter shall, upon conviction for a first offense, be guilty of a violation punishable by a fine not greater than $250 and/or not more than 15 days in jail.
B. 
Any person convicted of a second violation of this chapter within three years of a prior conviction under this chapter shall be punishable by a fine not greater than $500 and/or not more than 15 days in jail.
C. 
Any person convicted of violating any provision of this chapter after having been convicted two or more times of a violation of this chapter within the preceding three years shall be punishable by a fine not greater than $750 and/or not more than 15 days in jail.