Village of Washingtonville, NY Chapter 45 ALCOHOLIC BEVERAGES

[HISTORY: Adopted by the Board of Trustees of the Village of Washingtonville 10-3-1983 by L.L. No. 4-1983. Amendments noted where applicable.]

§ 45-1 Legislative intent; purpose.

A. The Village Board finds that the unrestricted consumption of alcoholic beverages in certain public places often leads to disorder and related problems as well as the littering of such public places and is disturbing to the public and threatens peace and good order.

B. The purpose of this chapter is to prohibit the consumption of alcoholic beverages in certain public places in order to prevent disorderly behavior and the littering of public places and to protect the public health, safety and welfare and to promote the public good.

§ 45-2 Consumption in certain public places and private areas.

A. Prohibited. No person shall within the Village of Washingtonville drink or otherwise consume liquor, wine, beer or other alcoholic beverages while such person is in or upon any public sidewalk, street, highway, parking lot, bathing beach, public park or such other public place as defined by § 240.00 of the Penal Law of the State of New York or on private property without invitation or permission of the owner or occupant of such property.

B. Possession of open containers. No person shall carry or have in his or her possession within the Village of Washingtonville any open bottle or open container containing liquor, wine, beer or other alcoholic beverage with the intent of the possessor or another to consume the same in any of the public places described in Subsection A of this section.

C. Presumptions.

(1) The possession of an open bottle or open container unwrapped or with the top exposed in a public place as herein defined shall be presumptive evidence that such open bottle or open container is intended to be consumed in a public place.

(2) An open bottle or open container in any vehicle while in or on any public sidewalk, street, highway, parking lot, bathing beach, public park or other public place as defined by § 240.00 of the Penal Law of the State of New York shall be presumptive evidence that the same is in the possession of all the occupants thereof.

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 45-3 Exceptions.

The provisions of § 45-2 shall not apply to any public place when a special permit is obtained from the Board of Trustees for the time specified therein.

§ 45-4 Penalties for offenses.

Any person violating any of the provisions of this chapter shall be guilty of a violation under the Penal Law and, upon conviction thereof, shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.