[Adopted 2-7-1979 by L.L. No. 1-1979 (Ch. 12 of the 1972
Code)]
The Board of Trustees of the Incorporated Village of Malverne
hereby declares and finds it to be in the public interest to provide
for the regulation of certain conduct in public places within the
Village of Malverne.
[Amended 9-7-1983 by L.L. No. 2-1983]
Unless otherwise authorized by the Board of Trustees or the
provisions of this article, it shall be unlawful for any person to
consume liquor, wine, beer or other alcoholic beverage on any public
sidewalk, street, highway, parking lot, public park or other public
place within the Village of Malverne, and it shall be unlawful for
any person to have in his possession or to carry or transport any
open bottle or open container containing liquor, wine or beer or any
alcoholic beverage on any public sidewalk, street, highway, parking
lot, public park or other public place within the Village of Malverne
with the intent to consume the same. The existence of an open bottle
or open container containing liquor, wine, beer or other alcoholic
beverage in any vehicle while in or on any public sidewalk, street,
highway, parking lot, public park or other public place within the
Village of Malverne shall be presumptive evidence that the same is
in the possession of all occupants of such vehicle and that they possess
the same with the intention of consuming its contents.
In the event that any provision of this article is inconsistent
with any federal or state statute, law, rule or regulation, then said
statute, law, rule or regulation shall prevail.
Any person who shall violate any provision of this article shall be punishable as provided in Chapter
1, Article
II, General Penalty, of the Village Code.