[HISTORY: Adopted by the Town Board of the Town of Riverhead 10-18-1983 by L.L. No. 1-1983 (Ch. 46 of the 1976 Code). Amendments noted where applicable.]
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.
- Any bottle, can, glass or other receptacle suitable for or used to hold any liquid.
- 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.
- The Town of Riverhead.
It shall be a violation of this chapter for any person to:
[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.
Each violation of this chapter shall be punishable by a fine not exceeding $250 for each offense or by imprisonment not exceeding 15 days, or by both such fine and imprisonment.