Village of Sag Harbor, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Sag Harbor as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Mass public assemblies — See Ch. 85.
Peace and good order — See Ch. 192.
Public entertainment — See Ch. 122.
[Adopted 1-25-1979 by L.L. No. 1-1979 (Ch. 4, Art. I, of the 1968 Compilation)]
The Board of Trustees of the Village of Sag Harbor 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 Sag Harbor.
For the purpose of this article, the following terms used herein shall have the meanings indicated:
ALCOHOLIC BEVERAGE
Any fluid or solid capable of being converted into a fluid, suitable for human consumption and having an alcoholic content of more than 1/2 of 1% by volume, including alcohol, beer, lager beer, ale, porter, naturally fermented or distilled liquors, blended wine, fortified wine, sparkling wine, distilled liquors, blended distilled liquors and any brewed, fermented or distilled liquors fit for use for beverage purposes of any mixture of the same with soda or fruit juices.
CONTAINER
Includes any bottle, can, cup or glass receptacle suitable for or used to hold any liquid.
PUBLIC PLACE
A place to which the public or a substantial group of persons has access, including but not limited to any highway, street, road, alley, sidewalk, parking area, shopping area, place of amusement, playground, park or recreation facility located within the Village of Sag Harbor, except that the definition of a "public place" shall not include those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within and on private property that is not a public place as defined in this section.[1]
[1]
Editor's Note: The definition of "special event," which immediately followed this definition, was repealed 12-9-2006 L.L. No. 8-2008.
A. 
Unless otherwise authorized by the Code of the Village of Sag Harbor and except as hereinafter provided, no person shall have in his possession an open bottle, can or other container containing any alcoholic beverages in or on any public place in the Village of Sag Harbor or in a motor vehicle, as defined by the Vehicle and Traffic Law, which is parked or moving on or over a public place. This subsection shall not apply within the specific confines of those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within and on private property that is not a public place as defined in § 75-2 of this article.
B. 
Except as hereinafter provided, no person shall consume alcoholic beverages in or on any public place. This subsection shall not apply within the specific confines of those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within and on private property that is not a public place as defined in § 75-2 of this article.
C. 
The existence of any open bottle, can or other container containing any alcoholic beverages found in any motor vehicle, except a public omnibus, shall be deemed presumptive evidence that the same is in the possession of all occupants thereof and in violation of this article of the Code of the Village of Sag Harbor.[1]
[1]
Editor's Note: Original Subsection D, Permits for special events, which immediately followed this subsection, was repealed 12-9-2008 by L.L. No. 8-2008.
[Amended 8-8-2017 by L.L. No. 11-2017]
A. 
All persons, firms or corporations in violation of § 75-3A or B of this Chapter 75 shall be subject to a minimum fine of $200 and shall answer or appear on or before 15 days from the date of issuance.
(1) 
Upon failure of a person to appear or answer on or before the return period or any subsequent adjourned date, such person shall be subject to the following surcharges, in addition to the prescribed fines:
(a) 
If the aforementioned fine shall not be paid within 15 days from the date summons was issued, a late penalty equal to 1/2 the original fine shall be added to the fine; and
(b) 
If the fine is still not paid within 60 days from the date the summons was issued, an additional late penalty in an amount equal to 1/2 the original fine shall be added to the fine, in addition to the surcharge imposed by Subsection A(1)(a) herein; and
(c) 
If the fine is still not paid within 90 days from the date the summons was issued, an additional penalty of $50 shall be added to all other fines and penalties previously assessed.
B. 
Any person, firm or corporation violating any other provisions of this article or of any regulation authorized under this article shall, upon conviction thereof, be subject to a fine not exceeding the sum of $250 for any offense, and each day that a violation continues shall be deemed to constitute a separate offense.