[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.
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.