It is the intent of the Village of Fort Plain by enacting this chapter
as an exercise of its police power to promote the general health, safety and
welfare of the residents and inhabitants of the village since it is the finding
of the Board of Trustees that the possession of open containers of alcoholic
beverages by persons on certain public lands, except under controlled conditions,
is detrimental to the health, safety and welfare of the residents of the village
in that such possession contributes to the development of unsanitary conditions
and the creation of nuisances, including but not limited to littering and
raucous or other disorderly behavior. It is further the intent of the Board
of Trustees of the Village of Fort Plain that this chapter not be considered
as a traffic regulation insofar as it relates to motor vehicles or the operation
thereof.
For the purposes of this chapter, the following shall have the meanings
ascribed to them. All other words shall have the meanings normally ascribed
to them in regular usage.
ALCOHOLIC BEVERAGE
Includes alcohol, spirits, liquor, wine, beer, hard cider and every
liquid or solid, patented or not, containing alcohol, spirits, wine or beer
and capable of being consumed by a human being.
CONTAINER
Any bottle, can, glass or other receptacle suitable for or used to
hold any liquid.
PUBLIC LANDS
Any highway, street, parking lot, sidewalk, alley, park or playground.
VILLAGE
The incorporated Village of Fort Plain.
It shall be a violation of this chapter for any person to:
A. Consume any alcoholic beverage on any public land within
the village; or
B. Have within his possession for the purpose of consumption
on public lands by either himself or another person any open container containing
an alcoholic beverage on any public lands within the village.
This chapter shall apply to all persons on public lands in the village except as provided in §
55-4 above and shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon any public highway within the Village of Fort Plain in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.
Each violation of this chapter shall be punishable by a fine not exceeding
$250 or 15 days' imprisonment, or both.