[HISTORY: Adopted by the City Council of the City of Canandaigua 10-22-1987
by Ord. No. 87-20 (Chs. 8.28 and 8.44 of the 1997 Municipal
Code). Amendments noted where applicable.]
A.
The City Council finds that the unrestricted consumption
of alcoholic beverages in certain public places often leads to disorders and
related problems as well as the littering of such public places
and is disturbing to the public and threatens peace and good order.
B.
The purpose of this chapter is to prohibit the consumption
of alcoholic beverages in certain public places in order to prevent disorderly
behavior and the littering of public places; and to protect the public health,
safety and welfare and to promote the public good.
A.
Prohibited. No person shall, within the City of Canandaigua,
drink or otherwise consume liquor, wine, beer or any other alcoholic beverage
while such person is in or upon any public sidewalk, street, highway, parking
lot, bathing beach, public park, or such other public place as defined in
§ 240.00 of the Penal Law of the State of New York.
B.
No person shall carry or have in his or her possession
within the City of Canandaigua, any open bottle or open container containing
liquor, wine, beer or any other alcoholic beverage with the intent of the
possessor or another to consume same in any of the public places described
in Subdivision A of this section.
C.
Presumptions.
(1)
The possession of an open bottle or open container unwrapped
or with the top exposed in a public place as herein defined shall be presumptive
evidence that the contents of such open bottle or open container are intended
to be consumed in a public place.
(2)
An open bottle or open container in any vehicle while
in or on any public sidewalk, street, highway, parking lot, bathing beach,
public park or other public place as defined in § 240.00 of the
Penal Law of the State of New York shall be presumptive evidence that the
same is in the possession of any or all of the occupants thereof.
A.
Possession prohibited. A person is guilty of unlawful
possession of an alcoholic beverage when, being less than 21 years old, he
is in possession, as defined by § 10, Subdivision 8, of the Penal
Law, of an alcoholic beverage, as defined by § 3 of the Alcoholic
Beverage Control Law; except that this chapter does not apply to a person
who is less than 21 years old in possession of an alcoholic beverage in the
presence and with the consent of his parent or guardian or who is lawfully
serving, selling or delivering such beverages to patrons on an establishment
licensed under the Alcoholic Beverage Control Law.
B.
Presumptions. For purposes of this section only, the
presence of alcoholic beverages, as defined in § 3 of the Alcoholic
Beverage Control Law, in open view in a room, other than a public place, or
in open view out of doors, under circumstances evincing an intent to consume
such alcoholic beverage is presumptive evidence of knowing possession of such
alcoholic beverage by each and every person in close proximity to such alcoholic
beverage at the time each alcoholic beverage is found; except that such presumption
does not apply to any such alcoholic beverage if such alcoholic beverage is
in another person's hand or is solely under the dominion and control of such
other person.
A.
Any person who shall violate any of the provisions of this chapter, except those of § 246-3, shall be guilty of a violation and shall, upon conviction thereof, be punishable by a fine not exceeding $250 or imprisonment in the County Jail of Ontario County for not more than 15 days, or both. Each day on which any such violation continues shall constitute a separate offense.
B.
Any person less than 21 years who violates § 246-3 of this chapter shall be guilty of a violation and shall be subject to the following punishment: 1) a fine not exceeding $250; or 2) an evaluation for chemical abuse and successful completion of a chemical abuse treatment program if deemed appropriate by the evaluator; or 3) both such fine and chemical abuse treatment. Failure to pay a fine or complete a recommended program shall result in imprisonment in the County Jail of Ontario County for a sentence not exceeding 15 days.
