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.
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.