[HISTORY: Adopted by the Common Council of the City of Glens Falls 12-22-1981 (Ch. 66 of the 1967 Code). Sections 56-2B and 56-7 amended at time of adoption of Code; see Ch. 1, General Provisions, Art I. Other amendments noted where applicable.]
Parks and recreation — See Ch. 153.
It is the intent of the City of Glens Falls, as an exercise of its police power, to promote the general health, safety and welfare of the residents of the city by enacting this chapter, since it is the finding of the Common Council that the consumption of alcoholic beverages and the possession of open containers of alcoholic beverages by persons on public lands, public places or on private property without permission of the owner is detrimental to the health, safety and welfare of the residents of the city except under controlled conditions.
No person shall, within the limits of the City of Glens Falls, consume any alcoholic beverage or have in his possession, with the intent to consume the contents, any unsealed alcoholic beverage container with alcoholic beverage therein:
While in or on a public street, lane, roadway, avenue, sidewalk, public parking place, park, playground, recreation area or any other public or quasi-public place or in any public conveyance or upon any land owned or occupied by any federal, state, county or municipal government.
While upon any private property, not his own, without permission of the owner or other person having authority to grant such permission.
While in or about any other public or quasi-public place or place to which the public is invited, including but not limited to any business, banking, church, institutional, commercial or professional premises, except when such consumption or possession is with the express permission of the owner or other body, board or person having the authority to grant such permission.
For the purpose of this chapter, a container shall be regarded as unsealed when its top or cork has been removed or any of its contents have been removed or the government tax stamp has been removed or broken or, in the case of a metal container, when the container has been opened in any fashion or, in the case of twist-top containers, when the original seal has been broken.
For the purpose of this chapter, any person in possession of an unsealed alcoholic beverage container with alcoholic beverage therein shall be presumed to have the intent to consume the contents.
None of the foregoing provisions shall apply to designated areas of public parks, public playgrounds or public picnic areas where the consumption of alcoholic beverages is permitted pursuant to the provisions of Chapter 153 of the City Code and the rules and regulations adopted pursuant thereto, nor shall the provisions apply for special events held in a public place if an exception is specifically granted by resolution of the Common Council.
An unsealed bottle or unsealed container in any vehicle shall be presumptive evidence that the same is in the possession of all occupants thereof and in violation of this chapter.