[HISTORY: Adopted by the Town Board of the Town of Binghamton 4-5-1988 by L.L. No. 1-1988 (Ch. 2, Art. I, of the 1969 Code). Amendments noted where applicable.]
It is the intention of the Town Board of the Town of Binghamton, as an exercise of its police power under Municipal Home Rule Law § 10 and Town Law § 130, to promote the general health, safety and welfare of the Town's residents by adopting this chapter. The Board finds and determines that the possession of open containers of alcoholic beverages under circumstances showing an intent to consume the contents of such containers on public land or the consumption of alcoholic beverages on public land contributes to the development of unsanitary conditions, disorderly gatherings and public nuisances and is therefore detrimental to the health, safety and welfare of the Town's residents.
For the purposes of this chapter, the following terms shall have the meanings set forth below. All other words shall have the meanings normally ascribed to them in regular usage.
- ALCOHOLIC BEVERAGE
- Includes alcohol, spirits, liquor, wine, beer, fermented cider and every other liquid or solid, patented or not, containing alcohol, spirits, liquor, wine, beer or fermented cider and capable of being consumed by a human being.
- Includes any bottle, can, glass or other receptacle suitable for or used to hold any liquid.
- A. Any public highway, street, sidewalk, park, playground, parking area, schoolyard, yard surrounding the Town Hall or other Town buildings or other area that is located within the Town of Binghamton and is owned by the Town or by another municipal entity.
- B. The Town of Binghamton Community Center is excluded from the definition of PUBLIC LANDS in situations where the Town is furnished with proof of insurance coverage and such other documentation as the Town may require for a particular event, and where the Town grants permission to possess and consume alcoholic beverages on said premises for a particular event.[Added 10-2-2001 by L.L. No. 4-2001; 4-15-2003 by L.L. No. 1-2003]
No person shall have, possess or control any open or unsealed container of an alcoholic beverage on public lands under circumstances showing or evincing an intent to consume, by himself, herself or others, the contents of said container on such public land.
No person shall consume an alcoholic beverage on public lands.
This chapter shall not apply to any person found to have violated § 1227, as amended, of the Vehicle and Traffic Law.
[Amended 4-15-2003 by L.L. No. 1-2003]
A person violating any provision of this chapter shall be subject to a fine not to exceed $250 or imprisonment for not more than 15 days, or both, for each offense.