Town of Pine Plains, NY
Dutchess County
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[HISTORY: Adopted by the Town Board of the Town of Pine Plains 11-6-1978 by L.L. No. 5-1978. Amendments noted where applicable.]
Parks and recreation areas — See Ch. 193.
The Town Board of the Town of Pine Plains recognizes that the use of alcoholic beverages within public places and areas in the Town of Pine Plains must be adequately controlled and regulated so as to prevent public disorder, littering and other acts that affect the health, safety and welfare of the residents of the Town of Pine Plains.
As used in this chapter, the following terms shall have the meanings indicated:
Includes beer, wine, liquor and all other alcoholic beverages as more specifically defined by § 3 of the New York State Alcoholic Beverage Control Law or mixtures which include in part alcoholic beverages.
Any bottle, glass, cup or other article containing any alcoholic beverage or mixtures which include in part alcoholic beverages. For the purpose of this chapter, a container shall be deemed open if the bottle's or distiller's original seal has been broken.
A place to which the public or a substantial group of persons has access and includes but is not limited to public highways, streets, sidewalks, public ways, alleys, parking lots, parking areas, and any other places open or used by the general public, including such areas owned or maintained by the Town of Pine Plains. The ballfield areas are exempt during such times as night ball games are in progress.
[Amended 7-7-1983 by L.L. No. 3-1983[1]]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
No person shall carry, transport or have in his possession in any public place any open, resealed or partly empty bottle, can, container or similar article containing an alcoholic beverage of any kind or description with intent to consume the same in public places.
[Amended 7-7-1983 by L.L. No. 3-1983]
No person shall break, leave, discard or deposit in any manner any glass, bottle, glassware, crockery, can or container of any kind, make or description in any public street, sidewalk, park, parking area or public place of any nature within the Town of Pine Plains.
No person shall consume any alcoholic beverage in a public place other than a permitted public place as defined under this chapter.
Violations of this chapter shall constitute a violation as defined in the Penal Law of the State of New York.
[Amended 11-3-1980 by L.L. No. 3-1980]
The penalties for violation of this chapter shall be a fine not exceeding $50 or imprisonment in jail for 10 days, or both such fine and imprisonment, for the first offense; for a second offense, a fine not exceeding $100 and imprisonment for not over 30 days, or both.
This chapter shall not extend to activities conducted by civic or not-for-profit organizations which have been authorized by the State of New York to dispense alcoholic beverages if such activities take place in public places and prior permission has been obtained from the Town Board to conduct such activities in public places.
Nothing contained herein shall be construed to prohibit residents from consuming alcoholic beverages within and on private property. Private property shall not include vehicles located in public places as defined in this chapter.