[HISTORY: Adopted by the Board of Trustees of the Village
of Sag Harbor as indicated in article histories. Amendments noted
where applicable.]
[Adopted 1-25-1979 by L.L. No. 1-1979 (Ch. 4, Art. I, of
the 1968 Compilation)]
The Board of Trustees of the Village of Sag Harbor hereby declares
and finds it to be in the public interest to provide for the regulation
of certain conduct in public places within the Village of Sag Harbor.
For the purpose of this article, the following terms used herein
shall have the meanings indicated:
Any fluid or solid capable of being converted into a fluid,
suitable for human consumption and having an alcoholic content of
more than 1/2 of 1% by volume, including alcohol, beer, lager beer,
ale, porter, naturally fermented or distilled liquors, blended wine,
fortified wine, sparkling wine, distilled liquors, blended distilled
liquors and any brewed, fermented or distilled liquors fit for use
for beverage purposes of any mixture of the same with soda or fruit
juices.
Includes any bottle, can, cup or glass receptacle suitable
for or used to hold any liquid.
A place to which the public or a substantial group of persons
has access, including but not limited to any highway, street, road,
alley, sidewalk, parking area, shopping area, place of amusement,
playground, park or recreation facility located within the Village
of Sag Harbor, except that the definition of a "public place" shall
not include those premises duly licensed for the sale and consumption
of alcoholic beverages on the premises or within and on private property
that is not a public place as defined in this section.[1]
[1]
Editor's Note: The definition of "special event," which
immediately followed this definition, was repealed 12-9-2006 L.L.
No. 8-2008.
A.
Unless otherwise authorized by the Code of the Village of Sag Harbor and except as hereinafter provided, no person shall have in his possession an open bottle, can or other container containing any alcoholic beverages in or on any public place in the Village of Sag Harbor or in a motor vehicle, as defined by the Vehicle and Traffic Law, which is parked or moving on or over a public place. This subsection shall not apply within the specific confines of those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within and on private property that is not a public place as defined in § 75-2 of this article.
B.
Except as hereinafter provided, no person shall consume alcoholic beverages in or on any public place. This subsection shall not apply within the specific confines of those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within and on private property that is not a public place as defined in § 75-2 of this article.
C.
The existence of any open bottle, can or other container containing
any alcoholic beverages found in any motor vehicle, except a public
omnibus, shall be deemed presumptive evidence that the same is in
the possession of all occupants thereof and in violation of this article
of the Code of the Village of Sag Harbor.[1]
[1]
Editor's Note: Original Subsection D, Permits for special
events, which immediately followed this subsection, was repealed 12-9-2008
by L.L. No. 8-2008.
[Amended 8-8-2017 by L.L.
No. 11-2017]
A.
All persons, firms or corporations in violation of § 75-3A or B of this Chapter 75 shall be subject to a minimum fine of $200 and shall answer or appear on or before 15 days from the date of issuance.
(1)
Upon failure of a person to appear or answer on or before the return
period or any subsequent adjourned date, such person shall be subject
to the following surcharges, in addition to the prescribed fines:
(a)
If the aforementioned fine shall not be paid within 15 days
from the date summons was issued, a late penalty equal to 1/2 the
original fine shall be added to the fine; and
(b)
If the fine is still not paid within 60 days from the date the summons was issued, an additional late penalty in an amount equal to 1/2 the original fine shall be added to the fine, in addition to the surcharge imposed by Subsection A(1)(a) herein; and
(c)
If the fine is still not paid within 90 days from the date the
summons was issued, an additional penalty of $50 shall be added to
all other fines and penalties previously assessed.
B.
Any person, firm or corporation violating any other provisions of
this article or of any regulation authorized under this article shall,
upon conviction thereof, be subject to a fine not exceeding the sum
of $250 for any offense, and each day that a violation continues shall
be deemed to constitute a separate offense.
