[HISTORY: Adopted by the Board of Trustees of the Village
of Warsaw 8-30-1993 by L.L. No. 4-1993. Amendments noted where applicable.]
A.
The Village Board finds that the unrestricted consumption of alcoholic
beverages in certain public places often leads to disorders and related
problems as well as to the littering of such public places and is
disturbing to the public and threatens peace and good order.
B.
The purpose of this chapter is to prohibit the consumption of alcoholic
beverages in certain public places in order to prevent disorderly
behavior and the littering of public places and to protect the public
health, safety and welfare and to promote the public good.
A.
Prohibitions on consumption. No person shall, within the Village
of Warsaw, drink or otherwise consume liquor, wine, beer or other
alcoholic beverages while such person is in or upon any public sidewalk,
street, highway, parking lot, public park or such other place, as
defined by § 240.00 of the Penal Law of the State of New
York, or on private property without invitation or permission of the
owner or occupant of such property.
B.
Possession of open containers. No person shall carry or have in his or her possession, within the Village of Warsaw, any open bottle or open container containing liquor, wine, beer or other alcoholic beverage, with the intent of the possessor or another to consume the same in any of the public places described in Subsection A of this section.
C.
Presumptions.
(1)
The possession of an open bottle or open container unwrapped or with
the top exposed in a public place, as herein defined, shall be presumptive
evidence that such open bottle or open container is intended to be
consumed in a public place.
(2)
An open bottle or open container in any vehicle while in or on any
public sidewalk, street, highway, parking lot, public park or other
public place, as defined by § 240.00 of the Penal Law of
the State of New York, shall be presumptive evidence that the same
is in the possession of all the occupants thereof.
Upon written application to the Village Board on forms provided
by the Village Clerk, the Board may grant special permission
for the use of alcoholic beverages in or on the public sidewalks,
streets, highways, parking lots, public parks or other public places,
as defined by § 240.00 of the Penal Law of the State of
New York, but only for times, dates and places specified in the application.
Said application shall contain, among other things, a list of three
names and addresses of those who are responsible for the activity.
Any person committing an offense against any provision of this
chapter shall, upon conviction thereof, be guilty of a violation pursuant
to the Penal Law of the State of New York, punishable by a fine not
exceeding $250 or by imprisonment for a term not exceeding 15 days,
or by both such fine and imprisonment.
