[HISTORY: Adopted by the Board of Trustees of the Village
of Hewlett Bay Park 4-9-1988 by L.L. No. 1-1988. Amendments noted where
applicable.]
It is the purpose of this chapter to protect the public interest,
welfare, health and safety within the Village of Hewlett Bay Park
by prohibiting the consumption of alcoholic beverages in public places
within the village. The Village Board finds that possession of an
open container of alcoholic beverage in a public place within the
village has led to consumption of the same, resulting in public intoxication,
disorderly conduct, disturbance of the public peace, littering of
the public places and destruction of property. The Village Board finds
further that preservation of the public health and prevention of conditions
which lead to conduct disturbing the public peace attributable to
consumption of alcoholic beverages can be accomplished by the prohibition
of consumption of alcoholic beverages in public places and by restricting
the possession of an open or unsealed container of alcoholic beverages
under circumstances which indicate that the possessor of such open
or unsealed container in a public place intends to consume the same
or intends to have it consumed by another person.
For purposes of this chapter, the following words or phrases
shall have the meanings ascribed to them herein. All other words or
phrases shall have the meanings normally ascribed to them in regular
usage.
Includes any liquor, beer, wine, spirits, cider or other
liquid or solid, patented or not, composed of or containing alcohol
or spirits, whether or not brewed, fermented or distilled, and capable
of being consumed by a human being.
Any bottle, can, glass, cup or other receptacle of any kind
which is suitable for or used for holding any alcoholic beverage.
Includes any public highway, street, alley, sidewalk, parking
area or lot, park or playground, public building, transportation facility
or any other public facility or ground, whether vacant or improved,
within the geographical boundaries of the village.
The Village of Hewlett Bay Park, Nassau County, New York.
It shall be a violation of this chapter for any person to:
The foregoing prohibition shall not apply to consumption of
an alcoholic beverage or possession for the purpose of consumption
in any public place where the same is authorized by license or permit
under the laws and regulations of this state and under the regulations
of the village, or a gathering or function for which permission has
been previously granted by the appropriate governing body, board,
agency or commission.
[Amended 4-4-1989 by L.L. No. 17-1989]
For the purposes of this chapter, the following rebuttable presumption shall apply: The possession by any person of an open and unsealed container containing an alcoholic beverage, while in or upon public land as described in § 46-2 herein, within the village, shall be presumptive evidence that said container is possessed with intent to consume the contents thereof.
This chapter shall not apply to any person in violation of § 1227
of the Vehicle and Traffic Law.
