It is the purpose of this chapter to protect the public interest,
welfare, health and safety within the Town of Riverhead by prohibiting
the consumption of alcoholic beverages in public places within the
Town. The Town Board finds that possession of an open container of
an alcoholic beverage in a public place within the Town has led 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 weal 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.
The following terms used in this chapter shall have the following
meanings, unless the context requires or indicates a different meaning:
ALCOHOLIC BEVERAGE
Includes alcohol, spirits, liquor, wine, beer, cider and
every liquid or solid, patented or not, containing alcohol, spirits,
wine or beer and capable of being consumed by a human being.
CONTAINER
Any bottle, can, glass or other receptacle suitable for or
used to hold any liquid.
PUBLIC PLACE
A.
Any Town-, county- or state-owned highway, street, sidewalk,
park, playground, beach, parking lot or building in the Town.
B.
All or any part of the premises of a public or private school
as is designated in a resolution duly adopted by its Board of Education,
Board of Trustees or other governing body. Any such resolution, to
be effective under this chapter, shall refer specifically to this
chapter and the effective date of adoption, and said governing body
shall file a certified copy of the resolution with the Town Clerk
and tender to the Town Clerk the cost of publishing the full text
of the resolution once in the official newspaper of the Town. The
premises so designated shall not be deemed a public place under this
chapter until 10 days after such publication occurs. Any such designation
of a public place under this chapter may be revoked by adoption of
a resolution as aforesaid to be similarly filed with and published
by the Town Clerk, the revocation to be effective the day after publication.
C.
All or any part of any privately owned road, street, sidewalk,
parking lot or building which, by nature of its use, is generally
open to the public as is designated in a written document duly signed
by the owner thereof and acknowledged in a form suitable for recording
an instrument with the County Clerk. Any such designation to be effective
under this chapter shall refer specifically to this chapter and the
effective date of adoption, and said owner shall file a certified
copy of the document with the Town Clerk and tender to the Town Clerk
the cost of publishing the full text of the document once in the official
newspaper of the Town. The premises so designated shall not be deemed
a public place under this chapter until 10 days after such publication
occurs. Any such designation of a public place under this chapter
may be revoked by filing a written document executed and acknowledged
as aforesaid to be similarly filed with and published by the Town
Clerk, the revocation to be effective the day after publication.
TOWN
The Town of Riverhead.
It shall be a violation of this chapter for any person to:
A. Consume any alcoholic beverage in any public place within the Town.
B. Have in his 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.
[Amended 11-17-2015 by L.L. No. 24-2015]
The foregoing prohibition shall not apply to consumption of
any 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, Suffolk County or the
Town, nor shall such prohibition apply to the possession of a closed
and sealed container of an alcoholic beverage solely for the purpose
of transporting the same without an intent to consume same in any
public place.
This chapter shall not apply to any person in violation of § 1227
of the Vehicle and Traffic Law.
[Amended 4-4-2023 by L.L. No. 6-2023]
Each violation of this chapter shall be punishable as follows:
upon a first conviction, by a fine not exceeding $250 or by imprisonment
not exceeding 15 days, or by both such fine and imprisonment; upon
a second conviction, by a fine not exceeding $350 or by imprisonment
not exceeding 15 days, or by both such fine and imprisonment; a third
or subsequent conviction shall be classified as a Class B misdemeanor
and punishable by a fine not exceeding $500 or by imprisonment not
exceeding 90 days, or by both such fine and imprisonment.