[HISTORY: Adopted by the Board of Trustees of the Village of Yorkville 2-1-1983 by L.L. No. 1-1983. Amendments noted where applicable.]
It is the intent of the Village of Yorkville, New York, as an exercise of its police power, to promote the general health, safety and welfare of the residents of the Village by enacting this chapter to limit and control the use and possession of open containers containing alcoholic beverages and the disposal of beverage containers on or in public lands of the Village and to prevent public disorder and littering.
For the purpose of the chapter, the following terms shall have the meanings herein ascribed to them. All other words shall have the meanings normally ascribed to them in regular use.
- ALCOHOLIC BEVERAGE
- Includes beer, wine and liquor and all other alcoholic beverages as more specifically defined by the New York State Alcoholic Beverage Control Law.
- Any bottle, can, glass or other receptacle suitable for or used to hold any liquid.
- INTENT TO CONSUME[Amended 3-2-1993 by L.L. No. 1-1993]
- Includes any of the following:
- OPEN CONTAINER
- Any bottle, can, glass or other receptacle suitable for or
used to hold any liquid, which has been uncapped, uncorked, the tab
removed or the top sliced, cut or broken, or its original condition
altered in such a way that the liquid can flow out of.[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
- PUBLIC LAND
- Any highway, street, park, public sidewalk, cemetery, playground, public parking area, public school ground or other public place of any nature within the limits of the Village.
- The Village of Yorkville.
[Amended 3-2-1993 by L.L. No. 1-1993]
No person shall consume any alcoholic beverage on any public lands in the Village or carry, transport or have in his or her possession any open container of an alcoholic beverage on or in any public land in the Village with intent to consume said alcoholic beverage on public land in the Village.
No person shall place, deposit, leave, abandon, break, smash or destroy any container in, on or upon any public land within the limits of the Village except in a waste receptacle placed on said public land for the purpose of depositing or discarding therein waste material.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any open container containing an alcoholic beverage found in or on any vehicle on the public land of the Village shall constitute presumptive evidence that the same is in the possession of the owner and/or driver and of the occupants of said vehicle and in violation of this chapter. This section shall be construed in conjunction with Vehicle and Traffic Law § 1227 in regard to enforcement on public highways or right-of-way public highway.
So much of the foregoing provisions hereof as prohibit the carrying, transporting or possessing of alcoholic beverages in an open container shall not apply to a specific alcoholic beverage in the case of a public event or gathering at which special permission has been granted by the Village for the purveying or dispensing and consumption of that specified alcoholic beverage.