The Board of Trustees hereby finds and declares
that the possession of alcoholic beverages on public property with
intent to consume the same on public property, except as hereinafter
provided, tends to provoke or encourage loud, boisterous and unruly
conduct, to foster undesirable tumult and congestion, to interfere
with the lawful activities of others in the pursuit of business and
the enjoyment of leisure, to offend widely held notions of public
morality and to project an unfavorable image of community life, and
that such conduct is therefore inimical to the public welfare and
should be prohibited. The Board of Trustees further finds and declares
that the possession of alcoholic beverages on public property with
intent to consume the same on public property at events scheduled
by the Board of Trustees, as hereinafter provided, or by passengers
aboard vehicles operated by certificated carriers pursuant to § 1227
of the Vehicle and Traffic Law, does not tend to produce the undesirable
results hereinabove mentioned and should be excepted from the aforesaid
prohibition.
For all purposes of this article, the following
terms shall have the meanings respectively ascribed to them in this
section:
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.
PUBLIC PROPERTY
Includes all lands now or hereafter owned by the Village,
except those from time to time leased or rented to a private person,
and includes every road, street, sidewalk, path, passage, way, park,
playground and vehicular parking area which may lawfully be used by
the general public.
No person shall possess any alcoholic beverage
on any public property within the Village with intent to consume said
alcoholic beverage on public property within the Village.
Section
34-8 shall not apply to the possession of an alcoholic beverage on public property with intent to consume the same on public property by an invited attendant at or a participant in an event scheduled by or permitted by resolution of the Board of Trustees if such possession occurs in the course of such event and at the location designated by said Board.
Section
34-8 shall not apply to the possession of an alcoholic beverage on public property with intent to consume the same on public property by a passenger in a vehicle operated on the public highway by a certificated carrier as provided in § 1227 of the Vehicle and Traffic Law.
The possession of an open or opened container
containing any alcoholic beverage shall be deemed to create a rebuttable
presumption of intent to consume the alcoholic beverage at that particular
time and place.