[HISTORY: Adopted by the Town Board of the Town of Saugerties
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 152.
[Adopted 8-1-1985 by L.L. No. 2-1985 (Ch. 65, Art. III,
of the 1975 Municipal Code)]
A.
The Town Board finds that the unrestricted consumption of alcoholic
beverages in certain public places often leads to disorder and related
problems as well as littering of such public places and is disturbing
to the public and threatens peace and good order.
B.
The purpose of this article is to prohibit the consumption of alcoholic
beverages in certain public places in order to prevent disorderly
behavior and the littering of public places and to protect the public
health, safety and welfare and to promote the public good.
For the purpose of this article, the following words shall have
the meanings ascribed to them. All other words shall have the meanings
normally ascribed to them in regular use.
Beer, wine, liquor and all other alcoholic beverages as defined
by the New York Alcoholic Beverages Control Law.
Any bottle, can, glass or other receptacle suitable for or
used to hold any liquid.
Every vehicle, including a snowmobile, which is or can be
operated or driven upon a public highway and which is propelled by
any power other than muscular power, other than a public omnibus used
in the business of transporting passengers for hire.
Any highway, street, public sidewalk, cemetery, playground,
public parking area, public buildings, parks or other such lands as
are generally open to the public.
A.
Public places. No person shall drink an alcoholic beverage or have
in his or her possession any open bottle, can or other container of
alcoholic beverage with the intent of the possessor or another to
consume same while such person is in a public place or on property
owned or leased by another person without the invitation or consent
of such person.
B.
Motor vehicles. No person shall drink an alcoholic beverage or have
in his or her possession any open bottle, can or container of alcoholic
beverage with the intent of the possessor or another to consume same
while such person is the operator of or occupant or passenger in or
on a motor vehicle which is parked, standing or being operated in
a public place or on the property owned or leased by another without
the invitation or consent of such person.
C.
Presumptive evidence.
(1)
The possession of an open bottle or open container unwrapped or with
the top exposed in a public place as herein defined shall be presumptive
evidence that such open bottle or open container is intended to be
consumed in a public place.
(2)
The presence of an open container or alcoholic beverage in any motor
vehicle shall be presumptive evidence that the same is in the possession
of all the occupants thereof and in violation of this article.
No person shall break, leave or discard any open container on
public land within the Town of Saugerties, except in a waste receptacle
placed on public land and for the purpose of depositing or discarding
therein waste or in an area designated therefor.
Any person may apply to the Town Clerk, on his or her own behalf
or on behalf of an organization, for a permit to use and consume the
alcoholic beverages described herein on Town property, and the issuance
and possession of such permit by the Town Clerk shall be presumptive
evidence of authorization and compliance with this article.
