[Adopted 8-15-1972; amended in its entirety at time of
adoption of Code (see Ch. 1, General Provisions, Art. I)]
No person shall have in his possession with
intent to consume any open bottle or container containing liquor,
beer, wine or other alcoholic beverage while such person is on any
public highway, public street, public parking area, public park, or
other public place, excepting the interior of a public building or
premises duly licensed for sale and consumption of alcoholic beverages
on the premises.
As used in this article, the following terms shall have the
meanings indicated:
ALCOHOLIC BEVERAGE
Includes alcohol, spirits, liquor, wine, beer, 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.
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.
PUBLIC LANDS
Any highway, street, sidewalk, park or playground or open
public events.
This article shall not apply to any person in
violation of Vehicle and Traffic Law § 1227, Consumption
or possession of alcoholic beverages in certain motor vehicles.
A violation of this article shall constitute
an offense punishable by a fine not exceeding $100 for the first offense
and a fine not exceeding $250 or imprisonment for not more than 15
days, or both, for a second or subsequent offense.