[HISTORY: Adopted by the Board of Trustees of the Village of Livonia 2-13-1991 by L.L. No. 1-1991. Amendments noted where applicable.]
[Amended 5-27-1998 by L.L. No. 6-1998]
It is the intent of the Village of Livonia, as an exercise of its police power, to promote the health, safety and welfare of the residents and inhabitants of the Village of Livonia by enacting this chapter, since it is the finding of the Board of Trustees that the possession of open containers of alcoholic beverages, with the intent to consume, by persons on certain public lands, except under controlled conditions, is detrimental to the health, safety and welfare of the residents of the Village in that such possession contributes to the development of unsanitary conditions and to the creation of nuisances, including but not limited to littering and raucous or other disorderly behavior. It is further the intent of the Village of Livonia that this chapter not be considered as a traffic regulation insofar as it relates to motor vehicles or the operation thereof.
For the purpose of this chapter, the following shall have the meanings ascribed to them. All other words shall have the meanings normally ascribed to them in regular usage.
ALCOHOLIC BEVERAGE
Alcohol, liquor, spirits, wine, beer, cider and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by human beings.
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 5-27-1998 by L.L. No. 6-1998]
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 without permission.
OPEN CONTAINER
Any open bottle, can or container containing liquor, beer, wine or other alcoholic beverage, as the same is defined by the Alcoholic Beverage Control Law of the State of New York.
[Added 5-27-1998 by L.L. No. 6-1998]
PUBLIC PLACE
Any highway, street, sidewalk, park, municipally owned parking lot, cemetery, playground or another location generally open to the public.
VILLAGE
The Village of Livonia.
No person shall:
A. 
Consume any alcoholic beverage in any public place within the Village.
B. 
Carry, transport or have in his possession any open container, with the intent to consume, containing any alcoholic beverage in any public place within the Village.
[Amended 5-27-1998 by L.L. No. 6-1998]
A. 
The foregoing prohibition shall not apply in the event of a fair, picnic or other community gathering at which alcoholic beverages are served for which special permission has been granted by the Village.
B. 
The foregoing prohibition shall not apply to the transportation of an unsealed but not open container across public lands of the Village from one point to another with no intent to consume the contents of such open container while upon such public lands.
C. 
Special permission as hereinabove referred to may be granted by the Village Board of Trustees upon such terms and conditions as such Board may reasonably determine are necessary to protect the general health, safety and welfare of the residents and inhabitants of the Village.
This chapter shall apply to all persons in public places in the Village except as provided in § 66-4 above and shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon any public highway within the Village in violation of § 1227 of the Vehicle and Traffic Law of New York State.
[Amended 5-27-1998 by L.L. No. 6-1998]
Each violation of this chapter shall be punishable by a fine not exceeding $250 for each offense or by imprisonment in jail not to exceed 15 days or both. Each separate violation shall constitute a separate additional violation.