[HISTORY: Adopted by the Board of Trustees
of the Village of Clyde 8-18-1983 by L.L. No. 1-1983 (Ch. 65, Art. IV, of
the 1972 Code). Amendments noted where applicable.]
A.
The Village Board of the Village of Clyde 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 purpose of this chapter 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, within the Village of
Clyde, drink or otherwise consume liquor, wine, beer or other alcoholic
beverages while such person is in or upon any public sidewalk, street,
highway, parking lot, public park or such other public place as defined
by § 240.00 of the Penal Law of the State of New York.
B.
Possession of open containers. No person shall carry or have in his or her possession, within the Village of Clyde, 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 containing liquor,
wine, beer or other alcoholic beverages in any vehicle while in or
on any public sidewalk, street, highway, parking lot, public park
or other public place, as defined by § 240.00 of the Penal
Law of the State of New York, shall be presumptive evidence that the
same is in the possession of all the occupants thereof.
[Amended 7-6-1989 by L.L. No. 5-1989]
Alcoholic beverages shall be permitted during
Clyde Volunteer Firemen sanctioned events or other recognized organizational
functions approved by the Clyde Volunteer Fire Department and shall
be permitted only where permitted by any license granted by the Alcoholic
Beverage Control Board.
