Village of Oakfield, NY
Genesee County
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[HISTORY: Adopted by the Board of Trustees of the Village of Oakfield as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-13-1972 by L.L. No. 1-1972]
The Board of Trustees of the Village of Oakfield finds that the consumption of beer and other alcoholic beverages and the possession of open containers thereof on public streets, public sidewalks, public parking areas, public parks, on any public highway, in or on any vehicle or in any public place except under certain conditions is detrimental to the health, safety, welfare, peace and good order of its residents and the protection and security of their property, causes unsightly and unsanitary conditions and creates a nuisance.
As used in this article, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGES
Includes any commodity for which a license is required under the Alcoholic Beverage Control Law.
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)]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No person shall drink or consume or have in his possession with intent to consume any open bottle or container containing liquor, beer, wine or other alcoholic beverage while such person is on any public street, public sidewalk, public parking area, public park, on any public highway, in or on any vehicle or any public place within the Village of Oakfield excepting those premises duly licensed for sale and consumption of alcoholic beverages on the premises. This section shall be construed in conjunction with Vehicle and Traffic Law § 1227 as to enforcement on public highways or a right-of-way public highway.
Any open bottle or container in any vehicle shall be presumptive evidence that the same is in the possession of all the occupants thereof and in violation hereof.
The foregoing restrictions shall not apply in the event of a fair, picnic or other community gathering for which special permission has been granted by the Board of Trustees, and for which a special license has been issued by the Alcoholic Beverage Control Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Each violation of this article or of any regulation, order or rule promulgated hereunder shall be punishable by a fine of not more than $250, imprisonment for not more than 15 days, or both such fine and imprisonment, for each offense.
Should any section or provision of this article be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the article as a whole or any part thereof other than the part so decided to be unconstitutional.