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.
CONTAINER
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.
VILLAGE
The Incorporated Village of Nissequogue.
It shall be a violation of this chapter for any person to:
A. Consume any alcoholic beverage in any public place within the Village.
B. Have in his possession an open or unsealed container of an alcoholic
beverage while in any public place, for the purpose of consuming such
alcoholic beverage by himself or by another in any public place.
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.