[Added 4-7-1986 by L.L. No. 1-1986]
As used in this article, the following terms shall have the
meanings indicated:
OPEN BOTTLE OR CONTAINER
Any open, unsealed, resealed or partially filled bottle,
can, glass or other receptacle suitable for or used to hold any liquid,
in which an alcoholic beverage is contained.
[Amended 9-5-2006 by L.L. No. 1-2006]
No person shall have in his possession, with the intention of
consuming, any open bottle or container containing liquor, beer, wine
or other alcoholic beverage while such person is on any public highway,
public street, public sidewalk, public parking area or in any vehicle
or public place, excepting those premises duly licensed for sale and
consumption of alcoholic beverages on the premises.
An open bottle or open container in any vehicle shall be presumptive
evidence that the same is in possession of all occupants thereof and
in violation hereof.
[Added 4-7-1986 by L.L. No. 1-1986]
The provisions of this article shall not be deemed to apply
to any person drinking an alcoholic beverage while operating a motor
vehicle upon a public highway in violation of § 1227 of
the Vehicle and Traffic Law of the State of New York.
[Amended 4-7-1986 by L.L. No. 1-1986]
Any person violating any provisions of this article shall be
liable to a fine of not more than $250 or imprisonment for not more
than 15 days, or both.