[HISTORY: Adopted by the Board of Trustees of the Village
of South Floral Park 10-12-1978 by L.L. No. 2-1978 (Ch. 93 of the 1987
Code). Amendments noted where applicable.]
A.
ALCOHOLIC BEVERAGES
COMMUNITY EVENT
PUBLIC PLACE
For the purpose of this chapter, the terms used herein are defined
as follows:
Includes any liquid intended for human consumption containing
more than 1/2 of 1% by volume of alcohol.
Includes a fair, picnic, block party or other community gathering
in any public place.
A place to which the public or a substantial group of persons
has access, including, but not limited to, any highway, street, road,
sidewalk, parking area, playground or park located within the Village
of South Floral Park, except that the definition of a "public place"
shall not include those premises duly licensed for the sale and consumption
of alcoholic beverages on the premises or within their own private
property or within municipal buildings.
B.
Words singular in form may include the plural, and words plural in
form may include the singular: and words in the masculine gender shall
include the feminine and neuter genders.
Unless otherwise authorized by the Village Board or the provisions
of this chapter, it shall be unlawful and an offense against this
chapter for any person to drink or otherwise consume liquor, wine,
beer or other alcoholic beverages or to have in his possession or
to carry or transport any open bottle or open container containing
liquor, wine, beer or other alcoholic beverages on any public sidewalk,
street, highway, parking lot, public park or other public place within
the Village of South Floral Park.
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 shall be presumptive evidence that the same
is in possession of all occupants thereof and an offense against this
chapter.
[Amended 4-1-1993 by L.L.
No. 1-1993]
A.
At least five calendar days prior to the proposed date of a community
event, any person may apply to the Village Administrator, on his own
behalf or on behalf of an organization, for a permit to possess and
consume an alcoholic beverage, as defined herein, during or in the
conduct of a community event.
B.
The application shall contain the following information:
(1)
The name of the applicant and his address and telephone number. Where
the applicant is an organization, the name and address of the organization
and its officers shall be given.
(2)
The purpose of the community event, the date when it is proposed
to be held, the approximate time the community event will start and
terminate and the place where it shall take place.
(3)
Any other pertinent information the Village Administrator shall deem
necessary.
C.
Where the Village Administrator shall determine that the proposed
community event is of such character, size and location as to be appropriate
to and in harmony with the surrounding area and that the public health,
morals, safety and general welfare of the surrounding neighborhood
will not be endangered by the granting of a permit, a permit shall
issue upon the applicant's written agreement to comply with the
terms thereof.
D.
Upon a denial by the Village Administrator of an application made
pursuant to this chapter, the applicant may appeal the determination
of the Village Administrator to the Village Board by filing a written
notice of appeal for hearing by the Village Board. Upon receipt of
a request for said hearing, the Mayor shall designate two or more
members of the Village Board to conduct said hearing as a review board.
Said hearing shall be held on a date and at a place and hour designated
by the presiding supervisor.
E.
The Village Board or Village Administrator may waive the requirements
of this section where, in either opinion, any irregularity or noncompliance
would not endanger the public health, morals, safety and general welfare
of the neighborhood immediately surrounding the place where the community
event is to be held and where strict compliance would result in unnecessary
hardship upon the applicant.
A person shall not disobey a lawful order of a Nassau County
Police Department patrolman or any other authorized law enforcement
officer or any person employed by the Village in a supervisory capacity
or the directions of any park sign; throw stones or other missiles;
interfere with, encumber, obstruct or render dangerous any drive,
road, path, walk or area of a park; climb upon any wall, fence, shelter
or other structure not intended as climbing apparatus or leave any
park area except at established entranceways or exits; introduce,
carry or fire any fireworks; engage in, instigate, aid or encourage
a contention or fight, whether or not a ring or prizefight; assault
any person; or spit on any walk, platform or stairway.
A person shall not make excessive noise which would create a
nuisance and prevent park patrons or residents of the area surrounding
the park from participating in their usual activities.
A.
Unless otherwise provided for in this chapter, a park shall be opened
and closed at the time and hour designated therefor by the Village
Board, except that the Mayor is authorized to open and close any park,
in his sole discretion, for emergency, health or safety reasons.
B.
A person shall not use the park at times other than those designated, in accordance with Subsection A hereof.
C.
Opening and closing times for parks shall be posted thereat.
A person shall not injure, deface, displace, remove, fill in,
raze, destroy or tamper with any drive, path or walk; take up, remove
or carry away trees, shrubs, turf or other material; remove, deface
or destroy any structure, building or any appurtenances connected
with the park or any other property or equipment, real or personal,
owned by the Village or others under the jurisdiction and control
of the Village Board.
In any event that any provision of this chapter is inconsistent
with any federal or state statute, law, rule or regulation, then said
statute, law, rule or regulation shall prevail.
Any person committing an offense against this chapter shall
be guilty of a violation punishable by a fine not exceeding $250 or
by imprisonment for a period not exceeding 15 days for each offense,
or by both such fine and imprisonment.
