[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.
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.
[Amended 3-2-1993 by L.L. No. 1-1993]
Includes any of the following:
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)]
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.[1]
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.
