[HISTORY: Adopted by the Town Board of the
Town of Fallsburg as indicated in article histories. Amendments noted
where applicable.]
[Adopted as Ch. 65, Arts. IV and V, of the
1971 Code; amended in its entirety by Ord. No. 83-1]
A.
The Town Board 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 purposes of this article 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 drink or otherwise consume
liquor, wine, beer or other alcoholic beverages while such person
is in or upon any public sidewalk, alley, street, highway, or parking
lot within the Town of Fallsburg.
B.
Possession of open containers. No person shall carry or have in his or her possession, within the Town of Fallsburg, any open bottle or open container containing liquor, wine, beer or other alcoholic beverage with the intent of the possessor or another to consume same in any of the public places described in Subsection 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 such open bottle or open container
is 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, alley, street, highway or parking lot,
shall be presumptive evidence that the same is in the possession of
all the occupants thereof.
Any person who shall violate any provision of this chapter shall be punished as provided in § 1-16 of this Code.
