It is the intention of the Town Board of the Town of Clarkstown,
as an exercise of its police power under Municipal Home Rule Law § 10
and Town Law § 130, to promote the general health, safety
and welfare of the Town's residents by adopting this chapter. The
Board finds and determines that the possession of open containers
of alcoholic beverages under circumstances showing an intent to consume
the contents of such containers on public land or the consumption
of alcoholic beverages on public land contributes to the development
of unsanitary conditions, disorderly gatherings and public nuisances
and is therefore detrimental to the health, safety and welfare of
the Town's residents.
For the purposes of this chapter, the following terms shall
have the meanings set forth below. All other words shall have the
meanings normally ascribed to them in regular usage.
Includes alcohol, spirits, liquor, wine, beer, fermented
cider and every other liquid or solid, patented or not, containing
alcohol, spirits, liquor, wine, beer or fermented cider and capable
of being consumed by a human being.
Includes any bottle, can, glass or other receptacle suitable
for or used to hold any liquid.
Any public highway, street, sidewalk, park, playground, parking
area, schoolyard, yard surrounding the Town Hall or other Town buildings
or other area that is located within the Town of Clarkstown and is
owned by the Town or by another municipal entity.
A.Â
Unless the Town Board shall have expressly granted permission by
resolution, no person shall have, possess or control any open or unsealed
container of an alcoholic beverage on public lands under circumstances
showing or evincing an intent to consume, by himself, herself or others,
the contents of said container on such public land.
B.Â
Unless the Town Board shall have expressly granted permission by
resolution, no person shall consume an alcoholic beverage on public
lands.
This chapter shall not apply to any person found to have violated
§ 1227, as amended, of the Vehicle and Traffic Law.
Any person violating any of the provisions of this chapter shall
be punished, upon conviction, by a fine of not more than $1,000 for
each violation. Each day that a violation of or failure to comply
with any provision of this chapter or any regulations promulgated
hereunder by the Town Board occurs shall constitute a separate and
distinct violation. Any person found guilty of a second offense of
any provision of this chapter within 18 months from the date of the
first conviction shall be punished by a fine of not less than $2,500
and not more than $5,000. Any person found guilty of a third offense
of any provision of this chapter within 18 months from the date of
the second conviction shall be punished by a fine of not less than
$5,000 and not more than $7,500.
