STATE LAW REFERENCES
Authority to legislate for the public peace, health, safety and welfare, General City Law § 20(13).
Trespass, Penal Law § 140.00 et seq.
[Code 1971, § 18-5]
Any person who enters upon the public storage reservoir lands in the city without first having obtained permission shall be guilty of a misdemeanor.
Permission to enter upon public storage reservoir lands must be obtained from the public works department of the city and must be in writing.
Public storage reservoir lands must be posted by appropriate signs not more than 250 feet apart.
[Code 1971, § 18-6]
Spitting is hereby prohibited either on the sidewalk, crosswalk, or footway of any public street, way, park, or square; upon the floor of any hall or office in any hotel, apartment house, tenement, or lodging house which is used in common by guests or tenants thereof; or upon the floor, platform, steps, or stairs of any public building, hall, church, theater, railway station, store, or factory, streetcar, or other public conveyance in the city.
[Code 1971, § 18-8]
Purpose of section. This section is enacted to regulate the possession of open containers of alcoholic beverages by persons on public lands except under controlled conditions. The unrestricted and unregulated possession of such containers is detrimental to the health, safety, and welfare of the inhabitants of the city, and such uncontrolled possession contributes to the development of unsanitary conditions and the creation of nuisances within the city.
Definitions. For the purpose of this section, the following terms shall have the meanings ascribed to them. All other words shall have the meanings normally ascribed to them in regular usage.
- ALCOHOLIC BEVERAGE
- Includes alcohol, liquor, wine, beer, cider, and every other liquid, patented or not, containing alcohol, wine, or beer and capable of being consumed by a human being.
- Any bottle, can, glass, or other receptacle suitable for or used to hold any liquid.
- PUBLIC LANDS
- Any highway, street, sidewalk, park, playground, public parking lot, or other public land.
Possession on public lands prohibited. No person shall have in his possession any open container of an alcoholic beverage on any public land within the city.
Exceptions to prohibition. Application for a waiver of the foregoing prohibition may be made to the city clerk in the event of any city-approved community gathering, entertainment, or controlled meeting, which application must be approved by the common council and which application will allow a waiver to any city-approved gathering, event, or meeting, and which waiver will allow consumption of alcoholic beverages to be permitted on those portions of public lands wherein the gathering will be conducted and during those hours when the function is open to the public.
Applicability of provisions. This section shall apply to all persons on public lands in the city, except as provided in this section.
State law excepted. This section, by its terms, does not apply to conduct addressed by Vehicle and Traffic Law § 1227.