Town of Lyons, NY
Wayne County
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[HISTORY: Adopted by the Town Board of the Town of Lyons. Amendments noted where applicable.]
A. 
The Town Board finds that the unrestricted consumption of alcoholic beverages in certain public places often leads to disorders and related problems as well as the littering of such public places and is disturbing to the public and threatens peace and good order.
B. 
The purpose of this chapter is to prohibit the consumption of alcoholic beverages in certain public places in order to prevent disorderly behavior and the littering of public places; and to protect the public health, safety and welfare and to promote the public good.
A. 
Public consumption. No person shall, within the Town of Lyons, drink or otherwise consume liquor, wine, beer or other alcoholic beverages while such person is in or upon any public sidewalk, street, highway, parking lot, public park or in any vehicle upon such area.
B. 
Possession of open containers. No person shall carry or have in his or her possession, within the Town of Lyons, any open bottle or open container containing liquor, wine, beer or other alcoholic beverage with the intent of the possessor or another to consume same in any of the public places described in Subsection A of this section.
C. 
Presumptions.
(1) 
The possession of an open bottle or open container unwrapped or with the top exposed in an area as hereinabove mentioned shall be presumptive evidence that such open bottle or open container is intended to be consumed in such area.
(2) 
An open bottle or open container in any vehicle while in or on any public sidewalk, street, highway, parking lot, or public park shall be presumptive evidence that the same is in the possession of all the occupants thereof.
The violation of any of the provisions of this chapter shall be punishable by a maximum fine of $250 or by imprisonment for 15 days, or by both such fine and imprisonment. Each day any violation shall continue shall constitute a separate violation.