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Town of Porter, NY
Niagara County
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[HISTORY: Adopted by the Town Board of the Town of Porter as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-7-1976 by Ord. No. 1-1976]
No person shall possess, carry or transport any open or unsealed container of an alcoholic beverage with intent to consume or consume an alcoholic beverage in an out-of-doors public place, other than premises duly licensed by the State of New York to dispense the same, within the boundaries of the Town of Porter, exclusive of the Village of Youngstown and park lands of the State of New York.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Definitions of terms used herein are as follows:
ALCOHOLIC BEVERAGE
As alcohol, spirits, liquor, wine, beer, hard cider and every liquid containing alcohol and capable of being consumed by a human being.
INTENT TO CONSUME
Drinking from the container, with alcohol on the breath of the possessor and/or any circumstances evidencing an intent to ultimately consume on any public lands.[1]
OPEN CONTAINER
A container, as defined herein, with the contents exposed to the atmosphere or the seal thereof broken.[2]
OUT-OF-DOORS PUBLIC PLACE
Any place out-of-doors to which the general public has access and includes, but is not limited to, streets, highways, sidewalks, parking lots, cemeteries, parks, playgrounds and beaches.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Violation of this article shall constitute a violation and shall be punishable by a fine not to exceed $250, 15 days' imprisonment, or both.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).