[Adopted 5-10-1979 by L.L. No. 1-1979]
As used in this article, the following terms shall have the
meaning indicated:
INTENT TO CONSUME
Includes any of the following: drinking from the container;
possession with movement of the container to the mouth; and any circumstances
evidencing an intent to ultimately consume in any public place.
OPEN BOTTLE, CAN OR OTHER CONTAINER
Any bottle, can, glass or other receptacle suitable for or
used to hold any liquid, which has been uncapped, uncorked, the tab
removed or the top sliced, cut or broken, or its original condition
altered in such a way that the liquid can flow out of it.
It shall be unlawful for any person to have in his possession
with intent to consume any open container containing liquor, beer,
wine or any other alcoholic beverage while on, in or upon any public
highway, street, alley, sidewalk, parking lot or area within the Town
of Kendall, New York.
For purposes of §
10-2 hereinabove set forth, an open container containing liquor, beer, wine or any other alcoholic beverage in any vehicle shall be presumptive evidence that the said open container was in the possession of all of the occupants of such vehicle.
The foregoing prohibition shall not apply in the event of a
fair, picnic or other community gathering for which special permission
has been granted by the Town Board of the Town of Kendall, specifically
granting an exemption from the provisions of this article.
Any person who shall violate the provisions of this article
shall, upon conviction, be punishable by a fine of not more than $250
or by imprisonment for not more than 15 days or by both such fine
and imprisonment.