[HISTORY: Adopted by the Board of Trustees of the Village of Nissequogue 12-19-1985 by L.L. No. 4-1985. Amendments noted where applicable.]
The Village Board of the Village of Nissequogue hereby declares and finds it to be in the public interest to provide for the regulation of certain conduct in public places within the Village of Nissequogue by prohibiting the possession of open containers of alcoholic beverages by persons on public premises, except as permitted herein. The Village Board finds that possession of an open container of an 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 prevention of conditions which lead to conduct disturbing to the public peace, attributable to consumption of alcoholic beverages, can be accomplished by the prohibition of the consumption of alcoholic beverages in public places and by restricting the possession of an open or unsealed container of an alcoholic beverage 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.
The following terms used in this chapter shall have the following meanings, unless the context requires or indicates a different meaning:
- ALCOHOLIC BEVERAGES
- Includes alcohol, spirits, liquor, wine, beer, cider and every liquid or solid, patented or not, containing alcohol, spirits or beer and capable of being consumed by a human being.
- Any bottle, can, glass or other receptacle suitable for, or used to hold, any liquid.
- PUBLIC PLACE
- Any highway, street, sidewalk, park, recreation area or village building or any other property owned, operated or maintained by the village or other municipality within the village.
- The Incorporated Village of Nissequogue.
It shall be a violation of this chapter for any person to:
This chapter shall not apply to individuals or organizations desiring to distribute or consume alcoholic beverages in public places, provided that written permission is obtained in advance from the Village Board of the Village of Nissequogue. Such permission may be conditioned upon such terms as the Village Board, in its discretion, may impose.
This chapter shall not be applicable to the Town of Smithtown beaches located within the confines of the Village of Nissequogue, provided that consumption of alcoholic beverages or liquor on said beaches or the parking lots adjacent thereto is regulated and controlled by legislation of the Town Board of the Town of Smithtown. Should the Town Board fail to regulate the consumption of alcoholic beverages in the areas so defined herein, then this chapter shall be applicable to those areas.
Each violation of this chapter shall be punishable by a fine not to exceed $250 for each offense or by imprisonment not exceeding 15 days, or by both such fine and imprisonment.