[HISTORY: Adopted by the Town Board of the Town of Onondaga
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Parks — See Ch. 186.
[Adopted 5-19-1980 by L.L. No. 4-1980]
[Amended 6-20-1983 by L.L. No. 5-1983]
A.
The purpose of this article is to protect and promote the safety,
health and well-being of the people of the Town of Onondaga and their
property and to regulate the conduct of persons in the Town of Onondaga
by prohibiting the consumption of alcoholic beverages in public places
and on property owned or leased by another person without the invitation
or consent of such person.
B.
Findings.
(1)
The Town Board of the Town of Onondaga finds that the possession
or consumption of alcoholic beverages in public streets and public
places, except under certain conditions, is detrimental to the health,
safety and welfare of the residents of the Town of Onondaga, causes
unsightly and unsanitary conditions, creates a nuisance and interferes
with the peace and good order of said Town.
(2)
The Town Board further finds that the possession or consumption of
alcoholic beverages on public streets and public places is a serious,
substantial and significant cause of persons (especially persons who
are under the legal age for alcoholic consumption) becoming unruly,
disruptive, disorderly, uncontrollable, obnoxious, offensive and of
a general character detrimental to the health, welfare and peaceful
orderliness of the community. In addition, the allowance of possession
or consumption of alcoholic beverages on public streets and public
places has been proven to be a significant and substantial cause in
the congregation of persons who in turn significantly and substantially
cause and promote unruly, disruptive, disorderly, uncontrollable,
obnoxious, offensive and generally detrimental behavior.
(3)
The Town Board further finds that there is a significant relationship
between the possession of an open or unsealed container of an alcoholic
beverage on public streets or places and the general health, welfare
and safety of the public, and that it has been demonstrated to this
Town Board that the allowance of open or unsealed containers of alcoholic
beverages is the most significant and substantial factor contributing
to the consumption of such alcoholic beverages.
(4)
The Town Board further finds that this article is necessary and proper
to promote the health, welfare and safety of the general public and
that the restrictions on conduct created by this article are not unduly
harsh or restrictive, and are necessary and proper pursuant to the
police power of the Town of Onondaga.
For the purposes of this article, the following words, phrases
and terms and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future, words used in the plural number include
the singular, words used in the singular number include the plural
and words in the masculine include the feminine.
Includes alcohol, spirits, liquor, wine, beer and every liquid
or solid, patented or not, containing alcohol, spirits, wine or beer
and capable of being consumed by a human being.
Drinking from the container, with alcohol on the breath of
the possessor and/or any circumstances evidencing an intent to ultimately
consume on any public lands.[1]
Every vehicle, including a snowmobile, which is or can be
operated or driven upon a public highway and which is propelled by
any power other than muscular power, other than a public omnibus used
in the business of transporting passengers for hire.
A place in the Town of Onondaga to which the public or a
substantial group of persons has access and includes, but is not limited
to, highways, sidewalks, parking areas, parks, playgrounds, shopping
centers, schoolyards and hospital grounds.
[Amended 6-20-1983 by L.L. No. 5-1983]
A.
No person shall drink an alcoholic beverage or have in his possession
any open bottle, can or other container of alcoholic beverage with
the intent to consume such alcoholic beverage while such person is
in a public place or on property owned or leased by another person
without the invitation or consent of such person.
B.
No person shall drink an alcoholic beverage or have in his possession
any open bottle, can or container of alcoholic beverage, with the
intent to consume such alcoholic beverage, while such person is the
operator of or occupant or passenger in or on a motor vehicle which
is parked, standing or being operated in a public place or on the
property owned or leased by another without the invitation or consent
of such person.
[Amended 4-6-1987 by L.L. No. 4-1987]
Any facility or establishment licensed to serve or dispense
alcoholic beverages by the State Liquor Authority or other authority
pursuant to the Alcoholic Beverage Control Law of the State of New
York is exempt from this article.
This chapter shall not apply to any person found to have violated
Vehicle and Traffic Law § 1227, as amended.
Any person violating any of the provisions of this article shall
be punished, upon conviction, by a fine not exceeding $250 or confinement
to a maximum term of imprisonment for a period not to exceed 15 days,
or both such fine and imprisonment.
