[HISTORY: Adopted by the Town Board of the Town of Oyster Bay 6-18-1985 by L.L. No. 2-1985. Amendments noted where applicable.]
It is the purpose of this chapter to protect the public interest, welfare, health and safety within the Town of Oyster Bay by prohibiting the consumption of alcoholic beverages in public places within the town. The Town Board finds that possession of an open or unsealed container of an alcoholic beverage in a public place within the town leads to consumption of the same, resulting in public intoxication, disorderly conduct, disturbance of the public peace, littering of the public places and destruction of property. The Town Board finds further that preservation of the public health and prevention of conditions which lead to conduct disturbing the public peace attributable to consumption of alcoholic beverages can be accomplished by the prohibition of consumption of alcoholic beverages in public places, and by restricting the possession of an open or unsealed container of alcoholic beverages under circumstances which indicate that the possessor of such open or unsealed container in a public place intends to consume the same or intends to have it consumed by another person.
For purposes of this chapter, the following words or phrases shall have the meanings ascribed to them herein. All other words or phrases shall have the meanings normally ascribed to them in regular usage.
- ALCOHOLIC BEVERAGE
- Includes any liquor, beer, wine, spirits, cider or other liquid, patented or not, composed of or containing alcohol or spirits, whether or not brewed, fermented or distilled, and capable of being consumed by a human being.
- Any bottle, can, glass, cup or other receptacle of any kind.
- PUBLIC LAND
- Includes any public highway, street, alley, sidewalk, parking area or lot, park or playground, public building, transportation facility or any other public facility or ground, whether vacant or improved, within the unincorporated boundaries of the town.
- The Town of Oyster Bay, New York.
It shall be a violation of this chapter for any person to:
The foregoing prohibition shall not apply to consumption of an alcoholic beverage or possession for the purpose of consumption in any public place where the same is authorized by license or permit under the laws and regulations of this state and under the regulations of the town, or a gathering or function for which permission has been previously granted by the appropriate governing body, board, agency or commission.
For the purposes of this chapter, the following rebuttable presumptions shall apply: The possession by person of an open or unsealed container containing an alcoholic beverage, while in or upon public land, as described in § 82-2 herein within the town, shall be presumptive evidence that said container is possessed with intent to consume the contents thereof.
For a first offense under this chapter, a fine of not less than $25 nor more than $250 or by imprisonment for not more than 10 days, or by both such fine and imprisonment.
For a second or subsequent offense under this chapter, a fine of not less than $50 nor more than $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.