[HISTORY: Adopted by the Town Board of the Town of Chili as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-7-1981 by L.L. No. 5-1981 (Ch. 29, Art. I, of the 1980 Code)]
[Amended 12-3-2008 by L.L. No. 4-2008]
The Town of Chili by and through its Town Board and pursuant to the authority vested in the Board by the New York State Municipal Home Rule Law and other statutes hereby enacts this article for the purpose of restricting the uncontrolled consumption and drinking of beer and other alcoholic beverages in public areas and prohibiting the possession of any open bottle or container containing beer and other alcoholic beverages in public areas within the Town limits of the Town of Chili. It is the intent of the Town Board that this article shall not be considered as a traffic regulation insofar as it relates to motor vehicles or to the operation thereof.
The Town Board of the Town of Chili finds that the uncontrolled consumption and drinking of beer and other alcoholic beverages in public areas is detrimental to the good order, protection, health, safety and well-being of its residents and tends to create unsightly and unsanitary conditions and creates a nuisance.
[Added 12-3-2008 by L.L. No. 4-2008]
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.
OPEN CONTAINER
A container with the contents exposed to the atmosphere or the seal thereof broken.
[Amended 12-3-2008 by L.L. No. 4-2008]
No person shall have in his possession, with the intent to consume the same, any open bottle or container containing liquor, beer, wine or other alcoholic beverages while such person is on any sidewalk, public highway, public street, public parking area, and, in addition to the foregoing areas, "public place" shall also mean a place to which the public or a substantial group of persons has access and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks, playgrounds, shopping centers and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence, except those premises duly licensed for the sale and consumption of alcoholic beverages on the premises. Regulation of the possession and/or consumption of alcoholic beverages in vehicles upon the public highways or rights-of-way of public highways is regulated by Vehicle and Traffic Law § 1227.
Any open bottle or open container in any vehicle shall be presumptive evidence that the same is in the possession of all the occupants thereof and in violation hereof.
[Amended 6-14-2023 by L.L. No. 2-2023]
A violation of this article shall constitute an offense, and the person violating this article shall be subject to a fine not to exceed $250.
This article shall be enforced by the Monroe County Sheriff's Department and the New York State Police.