Village of Celoron, NY
Chautauqua County
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[HISTORY: Adopted by the Board of Trustees of the Village of Celoron 4-8-1985 by L.L. No. 6-1985 (Ch. 11 of the 1966 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation areas — See Ch. 135.
Peace and good order — See Ch. 139.
It is the intent of the Village of Celoron as an exercise of its police power to promote the general health, safety and welfare of the residents and inhabitants of the Village by enacting this chapter, since it is the finding of the Board of Trustees that the possession of open containers of alcoholic beverages by persons on certain public lands, except under controlled conditions, is detrimental to the health, safety and welfare of the residents of the Village in that such possession contributes to the development of unsanitary conditions and the creation of nuisance, including but not limited to littering and raucous or other disorderly behavior. It is further the intent of the Board of Trustees that this chapter not be considered as a traffic regulation insofar as it relates to motor vehicles or the operation thereof.
For the purpose of this chapter, the following words and phrases shall have the meanings described to them in this section:
ALCOHOLIC BEVERAGES
All beverages as defined by the Alcoholic Beverage Control Law of the state.
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.
[Amended 12-9-2013 by L.L. No. 4-2013]
OPEN CONTAINER
Any container used to hold or carry liquids which is either open or which is sealed with a cap or other seal which cap or seal has been removed or broken.
No person shall consume beer, wine, whiskey, or other alcoholic beverages on or in any public alley, highway, playground, sidewalk, park, street or any other Village property, unless otherwise authorized by the Village Board of Trustees as provided in § 60-6 hereafter.
[Amended 12-9-2013 by L.L. No. 4-2013]
Possession of an open container, glass, can, or other similar container having beer, wine, whiskey, or other alcoholic beverage upon one's person with intent to consume while in any of the public places enumerated in § 60-3 in this chapter shall be presumptive evidence of violation of § 60-3.
No person licensed to sell beer, wine, whiskey or other alcoholic beverages shall permit consumption of the same in or upon any of the public places mentioned in § 60-3 within 25 feet of such person's place of business.
A. 
The foregoing provisions of § 60-3 shall not apply in the event of a fair, picnic, or other community gathering for which special permission has been granted in advance by the Village Board of Trustees.
B. 
The foregoing provisions of § 60-4 shall not apply to the transportation of an unsealed but open container across public lands of the Village from one point to another, with no intent to consume the contents of such open container while upon public lands.
This chapter shall not apply to all persons on public lands in the Village except as provided in § 60-6 above and shall not apply to any person drinking alcoholic beverage while operating a motor vehicle upon any public highway within the Village in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.
[Amended 12-9-2013 by L.L. No. 4-2013]
Each violation of this chapter shall be punishable by a fine not exceeding $250, imprisonment for not more than 15 days, or both such fine and imprisonment, for each offense.