[HISTORY: Adopted by the Board of Trustees of the Village
of Nyack as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-30-1969 (Ch. 17A of the 1972 Code)]
[Amended 10-13-1983 by L.L. No. 9-1983]
No person shall have in his possession any open bottle or other
container containing liquor, wine, beer or any other alcoholic beverage
with the intent to consume the same while such person is on any public
highway, public street, public sidewalk, public parking area or lot
or in any vehicle or any public place in the Village of Nyack, excepting
those places duly licensed for the sale and consumption of alcoholic
beverages on the premises.
[Amended 10-13-1983 by L.L. No. 9-1983]
An open bottle or open container containing liquor, beer, wine
or other alcoholic beverage in any vehicle shall be presumptive evidence
that the same is in the possession of all of the occupants thereof
with the intent to consume such alcoholic beverage and in violation
hereof, except that this article shall not apply to any person drinking
an alcoholic beverage while operating a motor vehicle upon any public
highway in violation of the Vehicle and Traffic Law of the State of
New York.
The Board of Trustees of the Village of Nyack, for good cause
shown, may permit the drinking of beer at public parks or in other
public areas by a resolution of the Board of Trustees, which resolution
shall be preceded by a written request of the organization or organizations
seeking such permission, addressed to the Board of Trustees, and which
resolution shall state the hours within which such permission is granted
and the exact location where such permission shall be in force.
A violation of this article shall constitute an offense punishable
by a fine not exceeding $25 or by imprisonment for no more than 10
days, or by both such fine and imprisonment for the first offense,
and by a fine not exceeding $50 or by imprisonment for not more than
10 days, or both, for the second offense or subsequent offense.
