[HISTORY: Adopted by the Board of Trustees
of the Village of Montgomery 8-21-1975 by L.L. No. 9-1975. Amendments noted where
applicable.]
[Amended 11-4-1985 by L.L. No. 17-1985]
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.
[Amended 11-4-1985 by L.L. No. 17-1985]
For the purpose of this chapter, the following
terms shall have the meanings ascribed to them:
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.
Any bottle, can, glass, cup or other receptacle suitable
for or capable of holding or carrying any liquid.
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.
All lands and areas within the boundaries of the Incorporated
Village of Montgomery, County of Orange, State of New York.
A.
No person shall drink or consume an alcoholic beverage
on any public lands within the Village.
[Added 11-4-1985 by L.L. No. 17-1985]
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.
[Amended 11-4-1985 by L.L. No. 17-1985]
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.
[Amended 11-4-1985 by L.L. No. 17-1985]
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.
