This article may be known and cited as the "Open
Container Ordinance of the Town of Stillwater."
No person shall have in his possession any open
bottle, can, glass or other container containing beer, liquor, wine
or other alcoholic beverage while such person is on any public highway,
public street, public parking area or any other public place in the
Town of Stillwater or is in or on a vehicle parked or standing thereon.
The presence of any such open container in any such vehicle shall
be presumptive evidence of the possession thereof by all of the occupants
of such vehicle.
A violation of this article shall constitute
an offense and shall be punishable by a fine not exceeding $50 or
by imprisonment for 10 days or by both such fine and imprisonment
for the first offense and by a fine not exceeding $50 or by imprisonment
for 30 days or by both such fine and imprisonment for a second or
subsequent offense.
[Adopted 5-10-2007 by L.L. No. 2-2007]
This article shall be known as the "Social Host
Responsibility Law."
This article is adopted pursuant to the general
powers granted to the Town of Stillwater by the Constitution and laws
of the State of New York, and granted in particular by Municipal Home
Rule Law § 10, Subdivision 1(ii)a(12).
As used in this article, the following terms
shall have the meanings indicated:
ALCOHOLIC BEVERAGE
Any substance defined or listed as such in New York Alcoholic
Beverage Control Law § 3, including but not limited to liquor,
wine, beer, spirits or other liquid or solid, composed of or containing
alcohol or spirits.
CONTROL
The authority and ability to regulate, direct or dominate.
PROHIBITED DRUG
Means and includes any substance listed in New York Public
Health Law § 3306.
RESIDENTIAL PREMISES
Any structure, as well as appurtenances and encompassing
land, used as a dwelling place for humans.
SOCIAL GATHERING
A gathering of two or more persons, at least one of which
is not related to the other(s) by blood.
No person having control of any residential
premises shall allow a social gathering to take place on such premises
where said person knows, or has reason to know, that any alcoholic
beverage will be consumed or that any prohibited drug will be possessed
or consumed by a person under the age of 21.
The provisions of this article shall not apply
to:
A. The possession or consumption of an alcoholic beverage
by persons lawfully permitted to do so pursuant to New York Alcoholic
Beverage Control Law § 65-c, or any other applicable law;
or
B. The possession or consumption of a drug for which
the individual has a current, valid prescription or which the person
is permitted to consume by any other applicable law.
Failure to comply with §
57-8 of this article shall constitute a misdemeanor punishable by a fine which shall not exceed $1,000 or imprisonment not exceeding 20 days, or a combination of such fine and imprisonment as shall be fixed by the court.
If any part or provision of this article is inconsistent with
any federal or state statute, law, rule or regulation, then such statute,
law, rule or regulation shall prevail.