[HISTORY: Adopted by the Board of Trustees of the Village of Pomona: Art. I, 9-11-1989 by L.L. No. 5-1989. Amendments noted where applicable.]
[Adopted 9-11-1989 by L.L. No. 5-1989]
The legislative body of the Village of Pomona makes the following findings:
A. 
There have been many citizen complaints directed to Village officials concerning the incidence of persons drinking alcoholic beverages in public areas of the Village, including parks. It is found that in the places complained of, large quantities of refuse, beer cans, beer bottles, wine and liquor bottles and other litter have been found to accumulate, to litter the public roads and to be stuffed into catch basins and such public facilities.
B. 
Surrounding towns have passed laws prohibiting drinking in public places. The complaints indicate and the investigations show that such drinking very often is participated in by large groups of people and is associated with noise and rowdiness in addition to litter. With the prohibition of such activities in the surrounding towns, it is to be anticipated that persons who participate in this kind of activity are likely to continue such behavior in areas which have no law regulating this type of behavior.
C. 
It is also found that where this kind of drinking activity takes place, acts of vandalism have been found to occur and damage to public and property has been sustained. The protection of the health, safety and welfare of the community requires action in the public interest to regulate such behavior. It is also found that persons possessing alcoholic beverages in open containers do so with the intent to drink the same.
A. 
No person shall have, possess, carry or transport liquor, wine, beer or other alcoholic beverages in or upon any public sidewalk, street, highway, parking lot or public park in the Village of Pomona in an open container such as a bottle, can, glass, cup or other receptacle suitable for carrying or containing a liquid, and no person shall drink or otherwise consume liquor, wine, beer or other alcoholic beverages in or upon any public sidewalk, street, highway, parking lot, shopping center, public park or other public place in the Village of Pomona.
B. 
Any person possessing an open container is presumed to intend to consume the same or to allow its consumption by another person.
A. 
If any organization desires to dispense alcoholic beverages on public property in the Village of Pomona, it must apply to the Village Board of the Village of Pomona for permission to do so not less than 15 days prior to the date that it desires to dispense said beverage. No fee shall be charged for the granting of this permission, and said permission, if granted, shall be contingent upon said organization securing a proper license from the appropriate Alcoholic Beverage Control Board to dispense alcoholic beverages on said property. This license shall be displayed to the Village Board, and said organization shall accept the obligation and responsibility for supervising and keeping good order and public peace at such event.
B. 
No alcoholic beverage shall be consumed other than on those premises described in the letter of permission issued by the Village Board.
An open bottle or open container in which there is an alcoholic beverage in any vehicle shall be presumptive evidence that the same is in possession of all occupants thereof and in violation hereof, however, this article shall not apply to violations pursuant to § 1227 of the New York State Vehicle and Traffic Law.
Any person violating any of the provisions of this article shall be punished, upon conviction, by a fine as per § 130-25, Penalties for offenses. In addition, each violation of this enactment shall constitute disorderly conduct, and each person violating the same shall be a disorderly person. Each day that a violation of or failure to comply with any provision of this enactment or any regulations promulgated hereunder by the Village Board occurs shall constitute a separate and distinct violation.
If any provision of this article shall be invalidated by any court, such provision shall be deemed severable and the remaining provisions shall continue in full force and effect.
This article shall take effect 10 days from the date of filing in the Office of the Secretary of State.