[HISTORY: Adopted by the Board of Trustees of the Village of Montour
Falls: Art. I, 11-2-1981 as part of L.L. No. 3-1981.
Amendments noted where applicable.]
[Adopted 11-2-1981 as part of L.L. No.
3-1981]
The Village Board of the Village of Montour Falls recognizes that the
use of alcoholic beverages within public places and areas in the Village of
Montour Falls must be adequately controlled and regulated so as to prevent
public disorder, littering and other acts or conditions which are detrimental
to the health, safety and welfare of the residents of the Village of Montour
Falls.
As used in this Article, the following terms shall have the meanings
indicated:
- ALCOHOLIC BEVERAGES
- Includes beer, wine, liquor and all other alcoholic beverages as more specifically defined in § 3 of the New York State Alcoholic Beverage Control Law and any amendment thereto.
- CONTAINER
- Any bottle, glass, can, cup or similar article containing any alcoholic beverage. For the purpose of this Article, a "container" shall be deemed opened if the contents are being exposed to the atmosphere or the seal of the container is broken.
- INTENT TO CONSUME
- Drinking from the container, with alcohol on the breath of the possessor, and/or any circumstances evidencing an intent to ultimately consume on any public lands.[1]
- PUBLIC PLACE
- A place to which the general public or a substantial group of persons has access, and includes but is not limited to highways, streets, shopping centers, parking lots, cemeteries, transportation facilities, schools, places of amusement, parks, playgrounds, parking areas, hallways, lobbies and any other places open to or used by the general public. "Permitted public places" shall be those public places wherein the use and consumption of alcoholic beverages are authorized pursuant to a permit or license issued by the Alcoholic Beverage Control Board pursuant to the Alcoholic Beverage Control Law or to such places, gatherings or events for which special permission, upon application, has been granted by the Village Board of Trustees.
A.
No person shall carry, transport or have in his/her possession
in or on any public place, other than permitted public places, any open bottle,
can, container or similar article containing an alcoholic beverage of any
kind or description, with intent to consume the same.[1]
B.
No person shall consume any alcoholic beverage in a public
place other than a permitted public place, as defined under this Article,
unless a special permit, as provided for herein, has been granted.
A.
The Village Board of Trustees expressly reserves the
right to issue a permit temporarily waiving the application of this Article
upon written application therefore. Such permit shall be granted only to those
who furnish the Board of Trustees with evidence that all of the applicable
rules and regulations of the Alcoholic Beverage Control Board have been complied
with and that such other conditions as the Board of Trustees establishes are
satisfied.
B.
There is specifically excluded from the provisions of
this Article pertaining to open containers and consumption of alcoholic beverages
in public places the public place known as the "Montour Marina" on the east
side of the old Chemung Canal, within the limits of the Village, and any portion
of Havana Glen facility that may be within the Village.
A.
Violations of this Article shall constitute a violation
as defined in the Penal Law of the State of New York.
B.
The penalties for violation of this Article shall be
a fine not exceeding $250 or by imprisonment for not more than 15 days, or
both. Any person committing an offense against any provision of this Article
shall be punishable by fine or imprisonment, or both. Each separate violation
shall constitute a separate additional offense.
