[HISTORY: Adopted by the Town Board of the
Town of Cicero 6-11-1979 by L.L. No. 1-1979. Amendments noted where
applicable.]
The Town Board of the Town of Cicero hereby
declares and finds it to be in the public interest to provide for
the regulation of certain conduct in public places within the Town
of Cicero.
For the purpose of this chapter, the terms used
herein are defined as follows:
Includes any liquid intended for human consumption containing
more than 1/2 of 1% by volume of alcohol.
A.
Possession of alcoholic beverages is prohibited. Unless
otherwise authorized by the Code of the Town of Cicero, and except
as hereinafter provided, no person shall have in his possession an
open bottle, can, or other container containing any alcoholic beverages
in or on any shopping center or public parking lot in the Town of
Cicero or in a motor vehicle as defined by the Vehicle and Traffic
Law which is parked or moving on or over a shopping center road or
parking lot. This section shall not apply within the specific confines
of those premises duly licensed for the sale and consumption of alcoholic
beverages on the premises or within and on private property.
B.
Presumption of possession. The existence of any open
bottle, can, or other container containing any alcoholic beverages
found in any motor vehicle, except a public omnibus, shall be deemed
presumptive evidence that the same is in the possession of all the
occupants thereof and in violation of this chapter of the Code of
the Town of Cicero.
If any provision of this chapter is inconsistent
with any federal or state statute, law, rule or regulation, then such
statute, law, rule or regulation shall prevail.
[Amended 3-11-2020 by L.L. No. 4-2020]
A violation of any provision of this chapter
shall constitute an offense punishable by a fine not to exceed $250.
Each violation of this chapter shall be deemed a separate violation.
