[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.
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.
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.
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.
