[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.
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.
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.
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]
A.
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.
B.
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.
