[HISTORY: Adopted by the Board of Trustees of the Village of Middleport 11-3-1980
by L.L. No. 2-1980. Amendments noted where applicable.]
[Amended 10-3-1983 by L.L. No. 4-1983]
No person shall drink from, or have in his possession with intent to
drink from, any open bottle or container containing any alcoholic beverage
in any public place within the Village of Middleport not duly licensed to
sell the same. Possession shall include possession within any moving, standing
or parked vehicle in any public place within the Village of Middleport.
As used in this chapter, the following terms shall have the meanings
indicated:
Alcohol, spirits, liquor, wine, beer and every liquid containing
alcohol, spirits, wine or beer and capable of being consumed by a human being.
Any place which the public or substantial group of persons has access
and includes, but is not limited to, highways, sidewalks, places of amusement,
parks, playgrounds, public and private parking lots, alleyways, school grounds,
laundromats or other commercial buildings in which the owner or proprietor
is not physically present at the time of possession.
The presence of an open container of alcohol in a motor vehicle, other
than a public omnibus, is presumptive evidence of possession thereof by each
every person in the vehicle at the time the open container of alcohol was
found.
The prohibition contained in this chapter shall not apply in the following
circumstances:
A.
Where alcoholic beverages are being consumed in the Village
Park or village recreation area located on Route No. 31, unless otherwise
prohibited by rule or regulation of the Board of Trustees of the Village of
Middleport.
B.
Where application has been submitted and a permit received
for a gathering, fair or a party, said application shall be made
to the Village Clerk of the Village of Middleport and permits shall be given
pursuant to rules and regulations for the same as adopted by resolution of
the Board of Trustees of the Village of Middleport.
Each violation of this chapter shall constitute a violation pursuant
to the Penal Law of the State of New York and shall be punishable by a fine
not to exceed $25 for a first offense and $100 for a second offense committed
within a period of one year.
