[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.
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.
OPEN CONTAINER
A container, as defined herein, with the contents exposed
to the atmosphere or the seal thereof broken.
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.
Violation of this article shall constitute a violation and shall
be punishable by a fine not to exceed $250, 15 days' imprisonment,
or both.