[Adopted 10-24-1983 by L.L. No. 1-1983]
It is the purpose of this article to protect
the public interest, welfare, health and safety within the Town of
Parma by prohibiting the consumption of alcoholic beverages in public
places within the town. The Town Board finds that possession of an
open container of alcoholic beverage in a public place within the
town has led to consumption of the same, resulting in public intoxication,
disorderly conduct, disturbance of the public peace, littering of
the public places and destruction of property. The Town Board finds
further that preservation of the public weal and prevention of conditions
which lead to conduct disturbing the public peace attributable to
consumption of alcoholic beverages can be accomplished by the prohibition
of consumption of alcoholic beverages in public places, and by restricting
the possession of an open or unsealed container of alcoholic beverages
under circumstances which indicate that the possessor of such open
or unsealed container in a public place intends to consume the same
or intends to have it consumed by another person.
The following terms used in this article shall
have the following meanings unless the context requires or indicates
a different meaning:
ALCOHOLIC BEVERAGE
Includes alcohol, spirits, liquor, wine, beer, cider and
every liquid or solid, powdered, patented or not, containing alcohol,
spirits, wine or beer and capable of being consumed by a human being.
[Amended 5-16-2017 by L.L. No.
2-2017]
CONTAINER
Any bottle, can, glass or other receptacle suitable for,
or used to hold, any liquid.
PUBLIC PLACE
Any highway, street, sidewalk, park or playground or town
building in the town.
It shall be a violation of this article for
any person to:
A. Consume any alcoholic beverage in any public place
within the town.
B. Have in his possession an open or unsealed container
of an alcoholic beverage while in any public place for the purpose
of consuming such alcoholic beverage by himself or by another in any
public place.
[Added 5-16-2017 by L.L. No. 2-2017]
As referenced in County of Monroe Social Host Law Local Law
No. 7-2008, approved March 31, 2008.
[Amended 5-16-2017 by L.L. No.
2-2017]
The foregoing prohibition shall not apply to consumption of
an alcoholic beverage or possession for the purpose of consumption
in any public place, where the same is authorized by license or permit
under the laws and regulations of this state and under the laws and
regulations of the Town, nor shall such prohibition apply to the possession
of an open or unsealed container of an alcoholic beverage solely for
the purpose of transporting the same without an intent or indication
to consume the same in any public place.
[Amended 5-16-2017 by L.L. No.
2-2017]
This article shall not apply to any person in violation of § 1227
of the Vehicle and Traffic Law.
[Amended 5-16-2017 by L.L. No.
2-2017]
Each violation of this article shall be punishable by a fine
not exceeding $250 for each offense or by imprisonment for a term
not exceeding 15 days, or by both such fine and imprisonment.