Village of Whitesboro, NY
Oneida County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Whitesboro as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 171.
Parks and recreation areas — See Ch. 193.
[Adopted 5-24-1979 by L.L. No. 2-1979 (Ch. 36 of the 1986 Code)]
It is the intent of the Village of Whitesboro, Oneida County, New York, as an exercise of its police power, to promote the general health, safety and welfare of the residents of the Village by enacting this article to limit and control the use and possession of open containers containing alcoholic beverages and the disposal of beverage containers on or in public lands of the Village and to prevent public disorder and littering.
For the purpose of this article, the following shall have the meanings herein ascribed to them; all other words shall have the meanings normally ascribed to them in regular use:
ALCOHOLIC BEVERAGE
Includes beer, wine and liquor and all other alcoholic beverages as more specifically defined by the New York State Alcoholic Beverage Control Law.
CONTAINER
Any bottle, can, glass or other receptacle suitable for or used to hold any liquid.
INTENT TO CONSUME
Includes any of the following:
[Added 12-8-1986 by L.L. No. 1-1986]
A. 
Drinking from the container.
B. 
Possession with movement of the container to the mouth.
C. 
Possession with alcohol on the breath of the possessor.
D. 
Any circumstances evidencing an intent to ultimately consume on any public lands.
PUBLIC LANDS
Any highway, street, park, public sidewalk, cemetery, playground, public parking area, public school ground or other public place of any nature within the limits of the Village.
VILLAGE
The Village of Whitesboro.
[Added 12-8-1986 by L.L. No. 1-1986]
No person shall carry, transport or have in his or her possession any open container of an alcoholic beverage on or in any public land in the Village with intent to consume said alcoholic beverage on public land in the Village.
No person shall place, deposit, leave, abandon, break, smash or destroy any container in, on or upon any public land within the limits of the Village except in a waste receptacle placed on said public land for the purpose of depositing or discarding therein waste material.[1]
[1]
Editor's Note: See also Ch. 171, Littering.
Any open container containing an alcoholic beverage found in or on any vehicle on the public land of the Village shall constitute presumptive evidence that the same is in the possession of the owner and/or driver and of the occupants of said vehicle and in violation of this article.
So much of the foregoing provisions hereof as prohibit the carrying, transporting or possession of alcoholic beverages in an open container shall not apply to a specific alcoholic beverage in the case of a public event or gathering at which special permission has been granted by the Village for the purveying or dispensing and consumption of that specified alcoholic beverage.
[Amended 12-8-1986 by L.L. No. 1-1986]
The violation of this article shall constitute a violation, and a person found guilty thereof shall be punishable as provided in § 1-11 of Chapter 1, General Provisions.