[HISTORY: Adopted by the Board of Trustees of the Village
of Fonda 8-11-1980 by L.L. No.
1-1980. Amendments noted where applicable.]
This chapter shall be known and cited as the "Alcoholic Beverage
Consumption and Container Law."
This chapter is enacted for the purpose of providing for the
peace and order of the Village of Fonda and the preservation of the
health and safety of the inhabitants thereof.
As used in this chapter, the following terms shall have the
meanings indicated:
- INTENT TO CONSUME
- Includes any of the following: drinking from the container; possession with movement of the container to the mouth; and any circumstances evidencing an intent to ultimately consume in any public place.
- OPEN BOTTLE OR CONTAINER
- Any bottle, can, glass or other receptacle suitable for or used to hold any liquid, which has been uncapped, uncorked, the tab removed or the top sliced, cut or broken, or its original condition altered in such a way that the liquid can flow out of it.
A.
No
person shall hereafter consume any intoxicating beverage on any public
highway, public area or public sidewalk in the Village of Fonda, nor
shall any person possess on the public highway, public area or public
sidewalk in the Village of Fonda any open bottle or open container,
containing liquor, beer, wine, or any other alcoholic beverage with
the intent to consume such alcoholic beverage.
B.
The
presence of any open bottle or container, containing liquor, beer,
wine, or any other alcoholic beverage, in any vehicle, while on the
public highway, public area, or public sidewalk in the Village of
Fonda shall be presumptive evidence that such bottle or container
is in the possession of every occupant of such vehicle in violation
of this chapter. This chapter shall not apply to any person drinking
an alcoholic beverage or in the possession of an open container containing
an alcoholic beverage while operating a motor vehicle or while a passenger
thereof upon any public highway within the Village in violation of
§ 1227 of the Vehicle and Traffic Law of the State of New
York.
