[HISTORY: Adopted by the Board of Trustees of the Village
of Canajoharie 7-8-1975 by L.L.
No. 1-1975. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 99.
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 Canajoharie and the preservation
of the health and safety of the inhabitants thereof.
[Added 10-16-1990 by L.L.
No. 2-1990]
As used in this chapter, the following terms shall have the
meanings indicated:
Includes alcohol, spirits, liquor, wine, beer, cider and
every liquid or solid, patented or not, containing alcohol, spirits,
wine or beer and capable of being consumed by a human being.
Any bottle, can, glass or other receptacle suitable for,
or used to hold, any liquid.
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.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
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.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any highway, street, sidewalk, park, playground or Village
building in the Village.
The Village of Canajoharie.
A.
No person shall hereafter consume any intoxicating beverage on any
public highway, public area or public sidewalk in the Village of Canajoharie,
nor shall any person possess on the public highway, public area or
public sidewalk in the Village of Canajoharie any open bottle or open
container, containing liquor, beer, wine or any other alcoholic beverage
with the intent to consume such alcoholic beverage.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
The presence of any open bottle or container containing liquor, beer,
wine or any other alcoholic beverage in any vehicle while on a public
highway, public area or public sidewalk in the Village of Canajoharie
shall be presumptive evidence that such bottle or container is in
the possession of every occupant of such vehicle in violation of this
chapter.
C.
The provisions of this chapter shall not apply to that area of the
Village of Canajoharie known as "Wintergreen Park," except that the
provisions of this chapter shall apply to those premises located on
the upper or entrance level to such park, being all the lands bounded
on the south by the entrance road to such park, on the east by Old
Sharon Road, on the north by lands of Meka and lands of 7K's
Farm, Inc., and on the west by the entrance to the lower levels of
the park and by the top of the easterly bank or rim of the Canajoharie
Gorge and including those premises conveyed to the Village of Canajoharie
by the Town of Canajoharie by deed dated June 5, 1995, and recorded
in the Montgomery County Clerk's Office on June 6, 1995 in Book
593 of Deeds at Page 149.
[Added 9-10-1997 by L.L.
No. 2-1997]
D.
This chapter
shall not apply to any person in violation of § 1227 of
the Vehicle and Traffic Law of the State of New York.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person convicted of a violation of this chapter shall, upon
conviction, be subject to a fine of not to exceed $250 or, in lieu
thereof, to confinement in the Montgomery County Jail for a period
not to exceed 15 days, or both.
