Village of Red Hook, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Red Hook 8-1-1983 by L.L. No. 1-1983. Amendments noted where applicable.]
[Amended 1-20-1999 by L.L. No. 1-1999]
It is the intent of the Village of Red Hook, as an exercise of its police power, to promote the general health, safety and welfare of the residents and inhabitants of the Village of Red Hook by enacting this chapter, since it is the finding of the Board of Trustees of the Village of Red Hook that the possession of open containers of alcoholic beverages by persons on certain public lands with the intent to consume the contents of the same, except under controlled conditions, is detrimental to the health, safety and welfare of the residents of the Village of Red Hook in that such possession and intent to consume contributes to the development of unsanitary conditions and the creation of nuisances, including but not limited to littering and raucous or other disorderly behavior. It is further the intent of the Board of Trustees of the Village of Red Hook that this chapter not be considered as a traffic regulation insofar as it relates to motor vehicles or the operation thereof.
For the purpose of this chapter, the following 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, spirits, liquor, wine, beer, cider and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by a being.
CONTAINERS
Bottles, cans, glass or other receptacles suitable for or used to hold any liquid.
OPEN CONTAINER
The condition of the container, containing liquor, beer, wine or other alcoholic beverage, as the same is defined by the Alcoholic Beverage Control Law of the State of New York, whose cap, cork, top or other closing device has been removed or the condition of a can which is punctured or pulled open so as to break its seal.
[Added 1-20-1999 by L.L. No. 1-1999]
PUBLIC LANDS
Any highway, street, sidewalk, park or playground.
VILLAGE
The Incorporated Village of Red Hook.
It shall be a violation of this chapter for any person to:
A. 
Consume any alcoholic beverage on any public land within the Village of Red Hook.
B. 
Have in his possession any open container containing any alcoholic beverage on any public lands within the Village of Red Hook with the intent to consume the contents of the same.
[Amended 1-20-1999 by L.L. No. 1-1999]
C. 
Have within his possession for the purpose of consumption on public lands by either himself or another person any open container containing an alcoholic beverage on any public lands within the Village.
A. 
The foregoing prohibition 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. 
The forgoing 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.
This chapter shall apply to all persons on public lands in the Village, except that the exceptions provided in § 75-4 above shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon any public highway with the Village in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.
[Amended 1-20-1999 by L.L. No. 1-1999]
Any person, firm or corporation who shall violate any of the provisions of this chapter shall, upon conviction, be punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both. Each day of continuance of an offense shall be considered a separate offense.