Village of Montgomery, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Montgomery 8-21-1975 by L.L. No. 9-1975. Sections 28-1, 28-2, 28-4 and 28-6 amended and § 28-3A and C added at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
It is the intent of the Village of Montgomery 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, since it is the finding of the Board of Trustees that the consumption of alcohol and the possession of open containers of alcoholic beverages by persons on certain public lands, except under controlled conditions, is detrimental to the health, safety and welfare of the residents of the village in that such possession contributes to the development of unsanitary conditions and the creation of a nuisance. It is further the intent of the Board of Trustees of the Village of Montgomery that this chapter not be considered as a traffic regulation insofar as it relates to motor vehicles or the operation thereof.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
For the purpose of this chapter, the following terms shall have the meanings ascribed to them:
ALCOHOLIC BEVERAGE
Any liquid intended for human consumption which contains alcohol and shall not be limited to alcohol, spirits, liquor, wine, beer, cider and whiskey, either patented or not.
CONTAINER
Any bottle, can, glass, cup or other receptacle suitable for or capable of holding or carrying any liquid.
PUBLIC LANDS
A place to which the public or a substantial group of persons has access, including, but not limited to any highway, street, road, sidewalk, parking area, shopping area, place of amusement, playground, park or beach located within the village, except that the definition of a "public land" shall not include those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within their own private property.
VILLAGE
All lands and areas within the boundaries of the Incorporated Village of Montgomery, County of Orange, State of New York.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. I, General Provisions, Art. I.
A. 
No person shall drink or consume an alcoholic beverage on any public lands within the village.[1]
[1]
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
B. 
No person shall have in his possession any open container containing an alcoholic beverage, nor shall any person deposit, place, discard or leave any container whether or not containing an alcoholic beverage on any public land within the village.
C. 
Possession of an open container containing an alcoholic beverage by any person shall create a presumption that such person did intend to consume the contents thereof in violation of § 28-3A.[2]
[2]
Editor's Note: Added at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
The foregoing prohibition shall not apply in the event of a fair, picnic, parade or other gathering for which special permission has been granted by the Village Board of Trustees for use of public lands, nor shall it be deemed to prohibit the consumption of an alcoholic beverage or the possession of an open container containing an alcoholic beverage on the premises or within the private property of an establishment duly licensed for the sale and consumption of alcoholic beverages.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
This chapter shall apply to all public lands in the village except as provided in § 28-4 above and shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon any public highway within the village in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.
Each violation of this chapter shall be punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or both such fine and imprisonment.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.