[HISTORY: Adopted by the Town Board of the Town of Frankfort:
Art. I, 11-10-1987 by L.L. No. 9-1987. Amendments noted where applicable.]
[Adopted 11-10-1987 by L.L. No. 9-1987]
The Town Board of the Town of Frankfort finds that the consumption
of all forms of alcoholic beverages upon the public streets and ways
and in all other public places within the Town of Frankfort, outside
of the incorporated village therein, by operators and occupants of
motor vehicles, motorcycles, motor-driven cycles, all-terrain vehicles,
snowmobiles and bicycles, as well as by pedestrians, constitutes a
nuisance and a hazard to the health and safety of citizens of the
community. Such consumption endangers all persons using public streets,
ways and places and causes the littering of such areas and adjacent
private properties with bottles, cans and other containers. It is
further found that the preservation and protection of peace and good
order and the protection of property, health and safety of the inhabitants
of the town and of the uses of all public places therein require that
unauthorized consumption of all alcoholic beverages in such public
places be prohibited.
As used in this Article, the following terms shall have the
meanings indicated:
Any alcohol, spirits, liquor, wine, beer, cider and every
liquid or solid, patented or not, containing any alcohol, spirits
or other similar intoxicant and capable of being consumed by a human
being.
Any bottle, can, glass or receptacle designed or actually
used to hold any alcoholic beverage as defined herein.
Any place, other than the premises of a public or private
school which is of the sort defined by § 240.00
of the New York State Penal Law as a public place, in that said place
is one to which members of the general public are ordinarily invited
or allowed or routinely use or have ready access. This definition
shall include any public building and shall include also, but not
be limited to, any highway, street, avenue, alley, accessway, sidewalk,
parking area, parking lot, place of amusement, park, playground, parade
ground, green, shopping center or transportation facility in the town,
whether the same is publicly or privately owned and whether such premises
is vacant or improved. Included in this definition is the quasi-public
area in front of or adjacent to any store, shop, restaurant, luncheonette
or other place of business and shall include also any parking lots
or other vacant property not owned by or under the dominion of the
person charged with a violation of this Article.
A.
No person shall consume, ingest or take internally nor carry, hold,
possess or drink from any open container holding alcoholic beverages
in a public place within the Town of Frankfort, outside of the incorporated
village, except under premises where alcoholic consumption has been
licensed by the State Liquor Authority or been authorized by the Town
Board.
B.
It shall be unlawful for any person or persons to carry, hold, possess
or drink from any open container holding alcoholic beverages in any
vehicle at any public place in the town.
A violation of this Article shall constitute disorderly conduct,
and any person violating the same shall be a disorderly person. Any
person violating this Article shall be subject to a penalty not to
exceed $250 or imprisonment not to exceed 15 days, or both, for each
offense.
