[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:
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.
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.
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.
[Added 8-21-1995 as L.L. No. 4-1995]
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]
[Amended 8-21-1995 as L.L. No. 4-1995]
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.
