Village of Village of The Branch, NY
Suffolk County
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[HISTORY: Adopted by the Board of Trustees of the Village of the Branch 7-12-1988 by L.L. No. 5-1988 (Ch. 28 of the 1973 Code). Amendments noted where applicable.]
The Village Board of the Village of the Branch hereby declares and finds it to be in the public interest to provide for the regulation of certain conduct in public places within the Village of the Branch by prohibiting the possession of open containers of alcoholic beverages by persons on public premises, except as permitted herein. The Village Board finds that possession of an open container of an alcoholic beverage in a public place within the Village has led to consumption of the same resulting in public intoxication, disorderly conduct, disturbances of the public peace, littering of public places and destruction of property. The Village Board finds further that 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 an alcoholic beverage 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.
The following terms used in this chapter shall have the following meanings, unless the context requires or indicates a different meaning:
Includes alcohol spirits, liquor, wine, beer, cider and every liquid or solid, patented or not, containing alcohol, spirits or beer and capable of being consumed by a human being.
Any bottle, can, glass or other receptacle suitable for, or used to hold, any liquid.
Any highway, street, sidewalk, park, parking lot, recreation area or Village building or any other property owned, operated or maintained by the Village or other municipality within the Village.
The Incorporated Village of the Branch.
It shall be a violation of this chapter for any person to:
Consume any alcoholic beverage in any public place within the Village.
Have in his/her possession an open or unsealed container of an alcoholic beverage while in any public place for the purpose of consuming such alcoholic beverage by himself or by another in any public place.
This chapter shall not apply to individuals or organizations desiring to distribute or consume alcoholic beverages in public places, provided that written permission is obtained in advance from the property owner and the Village Board of the Village of the Branch. Such permission may be conditioned upon such terms as the Village Board, in its discretion, may impose.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Each violation of this chapter shall be punishable by a fine not to exceed $500 for each offense or by imprisonment not exceeding 15 days, or by both such fine and imprisonment.