[Adopted 12-10-1979 by Local Law No. 8, 1979]
It is the intent of the Village of Malone, as an exercise of
its police power, to promote the general health, safety and welfare
of the residents of the village by enacting this local law since it
is the finding of the Board of Trustees that the consumption of alcoholic
beverages and/or the possession of open containers of alcoholic beverages
by persons on public premises, except under controlled conditions,
is detrimental to the health, safety and welfare of the residents
of the village and contributes to the development of unsanitary conditions
and the creation of nuisances. It is further the intent of the Board
of Trustees of the Village of Malone that this local law not be considered
as a traffic regulation insofar as it relates to motor vehicles or
the operation thereof.
No person shall have, possess, carry or transport any liquor,
wine, beer or other alcoholic beverage in an open bottle or other
open container in or upon any public sidewalk, street, lane, highway,
building, parking lot, park or recreation area, or other public property,
or in any vehicle upon such area, within the Village of Malone. No
person shall drink or otherwise consume any liquor, wine, beer or
other alcoholic beverage in or upon any of the aforesaid public areas
or property within the Village of Malone.
No person shall discard alcoholic or other beverage containers
upon any public sidewalk, lane, highway, parking lot, park or recreation
area or other public property within the Village of Malone, without
the express written permission of the village.
The violation of any of the provisions of this local law shall
be punishable by a maximum fine of $250 or by imprisonment for 15
days, or by both such fine and imprisonment. Each day any violation
shall continue shall constitute a separate violation.
If any clause, sentence, paragraph, section or part of this
local law shall be adjudged by any court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or invalidate
the remainder thereof but shall be confined in its operation to the
clause, sentence, paragraph, section or part thereof directly involved
in the controversy in which such judgment shall have been rendered.
This local law shall take effect immediately upon filing in
the office of the Secretary of State of New York State.