[HISTORY: Adopted by the Town Board of the Town of Kendall as indicated in article histories. Amendments noted where applicable.]
[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.