[Amended by L.L. No. 3-2000; L.L. No. 2-2001]
As used in this chapter, the following terms shall have the
meanings indicated:
ALCOHOLIC BEVERAGE
Shall have the meaning set forth in Alcoholic Beverage Control
Law § 3.
CITY
The City of Plattsburgh, New York.
CONTAINER
Any bottle, can, glass or other receptacle suitable for or
used to hold any liquid.
INTENT TO CONSUME
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)]
OPEN BOTTLE, CAN OR OTHER CONTAINER
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)]
PUBLIC PLACE
Any highway, street, sidewalk, park or playground or building
in the City.
[Amended by L.L. No. 3-2000; L.L. No. 2-2001]
It shall be a violation of this chapter for any person to:
A. Consume any alcoholic beverage in any public place within the City.
B. Have in his possession with intent to consume an open or unsealed
container of an alcoholic beverage while in any public place.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C. Present a forged instrument that falsely represents his identity
or age to a person who sells alcoholic beverages.
D. Possess a forged instrument with knowledge it is forged and with
intent to defraud, deceive or injure another.
[Amended by L.L. No. 9-2004]
The foregoing prohibition shall not apply to consumption of
an alcoholic beverage or possession of an open or unsealed container
of an alcoholic beverage, in a public place where the same is authorized
by license or permit under state or City laws and regulations.
[Amended by L.L. No. 3-2001; L.L. No. 2-2001; L.L. No. 9-2004; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
A. A person found guilty of violating §
120-3C or
D shall be sentenced to pay a fine of up to $500.
B. A person found guilty of violating §
120-3A or
120-3B shall be guilty of an offense punishable by a fine of not less than $150 nor more than $250 for the first offense; and up to $250 for each successive offense within one year of the first offense.