[HISTORY: Adopted by the Board of Trustees
of the Village of Cazenovia as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-3-2000 by L.L. No. 1-2000]
It is the intent of the Village of Cazenovia,
as an exercise of its police power, to promote the health, safety
and welfare of the residents and inhabitants of the Village of Cazenovia
by enacting this article, since it is the finding of the Board of
Trustees that the possession of open containers of alcoholic beverages
by persons on certain public lands, except under controlled conditions,
is detrimental to the health, safety and welfare of the residents
of the Village in that such possession contributes to the development
of unsanitary conditions and to the creation of nuisances, including
but not limited to littering and raucous or other disorderly behavior.
It is further the intent of the Village of Cazenovia that this article
not be considered as a traffic regulation insofar as it relates to
motor vehicles or the operation thereof.
For the purpose of this article, the following
terms shall have the meanings ascribed to them. All other words shall
have the meanings normally ascribed to them in regular usage.
Includes alcohol, liquor, spirits, wine, beer, cider and
every liquid or solid, patented or not, containing alcohol, spirits,
wine or beer and capable of being consumed by human beings.
Any bottle, can, glass or other receptacle suitable for or
used to hold any liquid.
Includes any of the following:
Any highway, street, sidewalk, park, municipally owned parking
lot, cemetery, playground or school.
The Village of Cazenovia.
It shall be a violation of this article for
any person to consume any alcoholic beverage on any public land within
the Village or to have within his or her possession, for the purpose
of consumption on public lands, by either himself or herself or another
person, any open container containing an alcoholic beverage on any
public lands within the Village.
A.
The foregoing prohibition shall not apply in the event
of a fair, picnic or other community gathering for which special permission
has been granted by the Village Board of Trustees.
B.
The foregoing prohibition shall not apply to the transportation
of an unsealed but not open container across public lands of the Village
from one point to another with no intent to consume the contents of
such open container while upon such public lands.
C.
The foregoing prohibition shall not apply to the Village
fire house, the municipal building or Lakeside Park.
D.
Special permission as hereinabove referred to may
be granted by the Village Board of Trustees upon such terms and conditions
as such Board may reasonably determine are necessary to protect the
general health, safety and welfare of the residents and inhabitants
of the Village.
This article shall apply to all persons on public lands in the Village, except as provided in § 47-4 above, and shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon any public highway within the Village in violation of § 1227 of the Vehicle and Traffic Law of New York State.
Each violation of this article shall be punishable
by a fine of not more than $250 and/or imprisonment for not more than
15 days. Each separate violation shall constitute a separate additional
violation.
[Adopted 3-1-2010 by L.L. No. 3-2010]
The purpose of this article is to deter the consumption of alcohol
by minors by holding those aged 18 and older responsible when they
knowingly permit the consumption of alcohol by minors at their residences
or upon premises under their control. The Board of Trustees and the
Village of Cazenovia maintain the utmost respect for the privacy of
their citizens. It is intent of the Board of Trustees that this article
be enforced in a manner that is consistent with that belief. No provision
or element of this article changes the fundamental rights of Village
citizens regarding search, seizure and privacy.
As used in this article, the following terms shall have the
meanings indicated:
Ethyl alcohol, hydrated oxide of ethyl or spirits of wine,
from whatever source or by whatever means produced.
Any liquor, wine, beer, spirits, cider or other liquid or
solid, patented or not, composed of or containing alcohol or spirits,
whether or not brewed, fermented or distilled, and capable of being
consumed by a person, except that confectionery containing alcohol
as provided by Subdivision 12 of § 200 of the New York State
Agriculture and Markets Law shall not be regarded as an alcoholic
beverage within the meaning of this article.
A person is in control of a residence or premises when such
person is the owner or lessee thereof, or is acting upon the actual
or apparent authority to stage or permit a social gathering within
the residence or upon the premises, or holds himself or herself out
to have such authority.
Actual observation or knowledge of the consumption of alcohol
by a minor, or the receipt of notice or information that one or more
minors are consuming alcohol upon the premises without taking reasonable
action to confirm said consumption.
Any person under the age of 21.
A parcel or parcels of land under common ownership or control
at which a social gathering of individuals is occurring.
Any home, apartment, condominium, cooperative unit or other
dwelling unit of any kind, including yards and open areas adjacent
thereto.
An assembly or gathering of three or more individuals at
which alcohol or alcoholic beverages are being consumed by one or
more persons upon the premises.
A.
It shall be unlawful for any person aged 18 or older who owns, rents,
or is otherwise in control of a residence or premises to knowingly
permit the consumption of any alcohol or alcoholic beverage by any
minor on such premises or to fail to take reasonable corrective action
upon learning of the consumption of alcohol or alcoholic beverages
by any minor on such premises. Reasonable corrective action shall
include, but not necessarily be limited to:
(1)
Making a prompt demand that such minor refrain from further consumption
of the alcoholic beverages upon the premises; or
(2)
If such minor does not comply with such demand, promptly reporting
such underage consumption of alcohol to a parent or guardian of such
minor, if the parent or guardian can be immediately identified and
contacted.
B.
The provisions of Subsection A of this section shall not apply to:
(1)
The consumption of alcohol or alcoholic beverages by a minor upon
any premises regulated and licensed by the Liquor Authority of the
State of New York, or within the residence of the minor's parent
or guardian when that parent or guardian is present and has expressly
permitted such consumption; and
(2)
The use and consumption of alcohol or alcoholic beverages by a minor
as part of an established and generally recognized religious service
or ceremony.
Violations of § 47-9 of this article shall be punishable as follows:
A.
First offense. Any person who violates § 47-9 of this article shall be guilty of a violation punishable by a fine not less than $250, but not to exceed $500, where such violation constitutes the person's first offense.
B.
Second and subsequent offenses. Any person convicted of a second and/or subsequent violations of § 47-9 of this article within the preceding ten-year period shall be guilty of a violation punishable by a fine not less than $500, but not to exceed $1,000, a term of imprisonment not to exceed 15 days, or both such fine and imprisonment.
The provisions of this article shall not in any way affect the
application of any other law, where appropriate, including, but not
limited to, New York Penal Law § 260.10, Endangering the
welfare of a child, and Penal Law § 260.20(2), Unlawfully
dealing with a child.
This article shall apply to all acts, actions and events occurring
on or after the effective date of this article.
If any clause, sentence, paragraph, subdivision, section, or
part of this article or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section, or part of this article,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgment shall be rendered.
