[Adopted 8-20-1982 by L.L. No. 1-1982; amended 9-20-1983 by L.L. No. 1-1983 (Art. 22 of the 2004
Code)]
It is the intent of the Village of Cayuga Heights as an exercise
of its police power, to promote the general health, safety, and welfare
of the residents and inhabitants of the Village by enacting this Local
Law, since it is the finding of the Board of Trustees that the possession
of open containers of alcoholic beverages 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 the creation
of nuisances, including, but not limited to, littering and raucous
or other disorderly behavior.
For the purpose of this article, the following words shall have
the meanings ascribed to them. All other words shall have the meanings
ascribed to them in regular usage.
ALCOHOLIC BEVERAGE
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.
CONTAINER
Any bottle, can, glass, or other receptacle suitable for,
or used to hold, any liquid.
PUBLIC LANDS
Any highway, street, sidewalk, park, playground, parking
area, school property.
VILLAGE
The Village of Cayuga Heights.
It shall be a violation of this article for any person to:
A. Consume any alcoholic beverage on any public land within the Village;
B. Have within his, or her, possession for the purposes of consumption
on public lands by either himself, or herself, or another person any
open container containing an alcoholic beverage on any public lands
within the Village.
This article shall apply to all persons on public lands in the
Village, except it shall not apply to any person drinking an alcoholic
beverage while operating a motor vehicle upon any highway within the
Village in violation of § 1227 of the Vehicle and Traffic
Law of the State of New York.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Each violation of this article shall constitute a violation
as defined in the Penal Law of the State of New York, and shall be
punished by a fine of not more than $250 and/or not more than 15 days
in jail.
This article shall take effect from and after the 20th day of
September 1983.