[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.]
GENERAL REFERENCES
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.
[Amended 5-11-1983]
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:
A.
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.
C.
While upon any private property, not his own, without permission
of the owner or other person having authority to grant such permission.
D.
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.
[Added 5-11-1983]
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.
