[HISTORY: Adopted by the Town Board of the Town of Lysander 9-1-1983 by L.L. No. 1-1983 (Ch. 43 of the 1989 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 Lysander, New York,
by prohibiting the consumption of alcoholic beverages in public places
within the Town. The Town Board finds that possession of an open container
of alcoholic beverage in a public place within the Town has led to
the consumption of same, resulting in public intoxication, disorderly
conduct, disturbance of the public peace, littering of public places
and the destruction of property. The Town Board further finds that
preservation of the public well-being and prevention of conditions
which lead to conduct disturbing the public peace attributable to
the consumption of alcoholic beverages can be accomplished with 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:
Includes alcohol, spirits, liquor, wine, beer, cider and
every liquid or solid, patented or not, containing alcohol, spirits,
wine or beer capable of being consumed by human beings.
Any bottle, can, glass or other receptacle suitable for or
used to hold any liquid.
Any open, unsealed, resealed or partially refilled container,
can or bottle, containing an alcoholic beverage.
[Amended 3-2-1989 by L.L.
No. 3-1989]
Any highway, street, parking area, sidewalk, park, playground
or Town building in the Town of Lysander. "Public place" shall also
include the lands of the Radisson Community Association, exclusive
of buildings owned by the Radisson Community Association, within the
community of Radisson in the Town of Lysander.
The Town of Lysander, New York, outside the Village of Baldwinsville.
It shall be a violation of this chapter for any person to:
The possession by any person of an open container of an alcoholic
beverage in any public place shall be presumptive evidence that such
possession is for the purpose of consuming such alcoholic beverage
by the person in possession or by another person in a public place.
The existence of an open container of an alcoholic beverage in any
vehicle shall be presumptive evidence that the same is in possession
of all occupants of the vehicle.
[Amended 8-2-1984 by L.L.
No. 2-1984]
The foregoing prohibition of § 93-3 shall not apply to the consumption of an alcoholic beverage or possession for the purpose of consumption in any public place where the same is authorized by a license or permit under the laws and regulations of the State of New York and the Town of Lysander. The Town Board of the Town of Lysander expressly reserves the right to issue a permit upon application of an individual or organization which will authorize the consumption of alcoholic beverages and the possession of open containers of same in a public place for certain activities. Permission will be granted only to those who furnish the Town Board with evidence that all rules and regulations of the State of New York and the State Liquor Authority have been complied with or, in the alternative, that there shall be no sale of such beverages. The Town Board may, by resolution, delegate to the Town Supervisor and/or the Town Clerk the power and authority to receive such applications and issue or deny such permits.
This chapter shall not apply to any person in violation of § 1227
of the Vehicle and Traffic Law of the State of New York.
Each violation of this chapter shall be punishable by a fine
not exceeding $100 or by imprisonment not exceeding 15 days, or both,
for the first such offense and by a fine not exceeding $250 or by
imprisonment not exceeding 30 days, or both, for a second or subsequent
offense.
