[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:
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.
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:
A.
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.
B.
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.
