[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.
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.
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.
[Amended 3-7-2023 by L.L. No. 4-2023]
A.
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.
B.
For a second or subsequent offense under this chapter within a period
of three years, a fine of not less than $100 nor more than $250 or
by imprisonment for not more than 15 days, or by both such fine and
imprisonment.
C.
Any person or entity found by the Bureau of Administrative Adjudication
to have violated any provision of this chapter is likewise subject
to a monetary penalty within the range of fines authorized in this
section.
