It is the intent of the Town of Busti, as an exercise of its
police power and to promote the general health, safety and welfare
of its residents, by enacting this local law, to control the use of
open containers containing alcoholic beverages on all public highways
(village, Town, county and state) and on or within any and all Town-owned
buildings, parks and real property, and to prevent disorder and littering.
For the purpose of this chapter, the following terms shall have
the meanings ascribed to them in this section. All other words shall
have the meanings normally ascribed to them in regular use.
ALCOHOLIC BEVERAGE
Includes beer, wine, liquor and any and all other alcoholic
beverages as defined by the New York Alcoholic Beverage Control Law.
CONTAINER
Any bottle, can, glass or other receptacle suitable for or
used to hold any liquid.
INTENT TO CONSUME
Includes any of the following: drinking from the container;
possession with movement of the container to the mouth; and any circumstances
evidencing an intent to ultimately consume in any public place.
OPEN BOTTLE, CAN OR OTHER CONTAINER
Any bottle, can, glass or other receptacle suitable for or
used to hold any liquid, which has been uncapped, uncorked, the tab
removed or the top sliced, cut or broken, or its original condition
altered in such a way that the liquid can flow out of it.
TOWN-OWNED BUILDINGS, PARKS AND REAL PROPERTY
Shall refer to all buildings, highways, roads, streets, structures,
parks and real estate owned by the Town of Busti or any other governmental
entity, including state, federal, county, Town or village government.
This chapter shall apply to all persons on public land in the
Town, except as hereinbefore provided, but shall not apply to any
person drinking an alcoholic beverage or in the possession of an open
container containing an alcoholic beverage while operating a motor
vehicle upon any public highway within the Town in violation of §
1227 of the Vehicle and Traffic Law of the State of New York.
A violation of this chapter shall constitute a violation as
defined in the Penal Law of the State of New York.
A person violating this chapter shall be punishable by imprisonment
for 15 days, by a fine not to exceed $250, or both.