A.
The Board of Trustees finds that the unrestricted consumption of
alcoholic beverages in certain public places often leads to disorders
and related problems, as well as the littering of such public places,
and is disturbing to the public and threatens peace and good order.
B.
The purpose of this article 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.
For the purpose of this article, the following words shall have
the meanings ascribed to them. All other words shall have the meanings
normally ascribed to them in regular use.
Includes beer, wine, liquor and all other alcoholic beverages
as defined by the New York Alcoholic Beverage Control Law.
Any bottle, can, glass or other receptacle suitable for or
used to hold any liquid.
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.
Any highway, street, public sidewalk, cemetery, playground,
public parking area, public buildings, parks, or other such lands
as are generally open to the public.
A.
Public places. No person shall drink an alcoholic beverage or have
in his or her possession any open bottle, can or other container of
alcoholic beverage with the intent of the possessor or another to
consume same 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.
Motor vehicles. No person shall drink an alcoholic beverage or have
in his or her possession any open bottle, can or container of alcoholic
beverage with the intent of the possessor or another to consume same
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.
C.
Presumptions. 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. The presence of an open
container or alcoholic beverage in any motor vehicle shall be presumptive
evidence that the same is in the possession of all the occupants thereof
and in violation of this article.
A.
Special permit. The foregoing shall not apply in the event of a fair,
picnic or other community gathering for which special permission has
been granted by the Village.
B.
Transportation from one point to another. The foregoing prohibitions
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 public lands.
No person shall break, leave or discard any open container on
public land within the Incorporated Village of Mineola, except in
a waste receptacle placed on public land and for the purpose of depositing
or discarding therein waste or in an area designated therefor.
