[HISTORY: Adopted by the Town Board of the Town of Fishkill 7-10-2013 by L.L. No. 3-2013. Amendments noted where applicable.]
A. 
This chapter is adopted pursuant to § 130 of the Town Law of the State of New York to preserve the public peace and good order and to exercise the police power of the Town to promote the general health, safety and welfare of the residents of the Town by executing this chapter, since it is the finding of the Town Board that the possession of open containers of alcoholic beverages and the consumption of alcoholic beverages by persons on certain public lands and streets and sidewalks, except under controlled conditions, is detrimental to the health, safety and welfare of the residents of the Town in that such possession contributes to the development of unsanitary conditions and the creation of a nuisance.
B. 
It is further the intent of the Town Board of the Town of Fishkill that this chapter not be considered as a traffic regulation insofar as it relates to motor vehicles or the operation thereof.
As used herein, the following terms shall have the meanings set forth below:
ALCOHOLIC BEVERAGES
Includes all such beverages as defined in § 3 of the Alcoholic Beverage Control Law of the State of New York.
CONTAINER
Any bottle, glass or other receptacle suitable for or used to hold any liquid.
PUBLIC LANDS
Any highway, street, sidewalk, park, playground, shopping center or any other place to which the public may have access, including, but not limited to, the parking lot of any commercial, industrial or professional establishment, but excluding those places wherein the use and consumption of alcoholic beverages is authorized pursuant to a license or permit issued under the Alcoholic Beverage Control Law of the State of New York.
A. 
No person shall have in his or her possession any open container containing an alcoholic beverage with intent to consume said alcoholic beverage on any public land within the Town.
B. 
No person shall consume an alcoholic beverage on any public land within the Town.
C. 
The provisions of Subsections A and B shall not apply in the event of a fair, picnic or other community gathering for which special permission has been granted by the Town Board pursuant to § 111-5 of Chapter 111, Parks.
This chapter shall apply to all persons on public lands in the Town, except as provided in § 110-3C above, and shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon any public highway within the Town in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.
Any person who shall violate the provisions of this chapter or the rules and regulations adopted hereunder shall be guilty of a violation and shall, upon conviction, be liable to a fine not exceeding $250 or imprisonment for a term not exceeding 15 days, or both.