[HISTORY: Adopted by the Board of Trustees of the Village
of Clinton as indicated in article histories. Amendments noted where
applicable.]
[Adopted by L.L. No. 1-1977]
It is the intent of the Village of Clinton, New York, as an
exercise of its police power to promote the general health, safety
and welfare of the residents of the Village by enacting this article
to limit and control the use and possession of open containers containing
alcoholic beverages and the disposal of beverage containers on or
in public lands of the Village and to prevent public disorder and
littering.
For the purpose of this article the following shall have the
meanings herein ascribed to them; all other words shall have the meanings
normally ascribed to them in regular use:
Includes beer, wine and liquor and all other alcoholic beverages
as more specifically defined by the New York State Alcoholic Beverage
Control Law.
Any bottle, can, glass or other receptacle suitable for or
used to hold any liquid.
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)]
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)]
Any highway, street, park, public sidewalk, cemetery, playground,
public parking area, public school ground or other public place of
any nature within the limits of the Village.
The incorporated Village of Clinton.
A.
No person shall carry, transport, or have in his or her possession
with intent to consume on or in any public land within the Village
any open container containing an alcoholic beverage.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
No person shall place, deposit, leave, abandon, break, smash or destroy
any container in, on or upon any public land within the limits of
the Village except in a waste receptacle placed on said public land
for the purpose of depositing or discarding therein, waste material.
Any open container containing an alcoholic beverage found in
or on any vehicle on the public land of the Village shall constitute
presumptive evidence that the same is in the possession of the owner
and/or driver and of the occupants of said vehicle and in violation
of this article.
[Amended 9-7-2010 by L.L.
No. 1-2010; 11-5-2012 by L.L. No. 7-2012]
So much of the foregoing provisions hereof as prohibit the carrying,
transporting, or possessing of alcoholic beverages in an open container
on public lands shall not apply:
A.
To a specific alcoholic beverage in the case of a public event or
gathering at which special permission has been granted by the Village
for the purveying or dispensing and consumption of a specified alcoholic
beverage; or
B.
With prior Village Board approval, to specific alcoholic beverages
served at outdoor restaurant facilities that are licensed and/or approved
by the New York State Alcoholic Beverage Commission for outdoor service,
pending such outdoor service facilities conform, to the extent required,
with the provisions of the Americans with Disabilities Act (42 U.S.C.
§ 12101 et seq.) (ADA) while providing for the safe passage
of pedestrians on public lands. Service of the specific alcoholic
beverages permitted hereunder shall be confirmed to a clearly delineated
area that separates the area of service from such public lands.
[Amended 11-5-2012 by L.L. No. 6-2012; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
The violation of this article shall constitute a violation and
a person found guilty thereof shall be punishable by a fine of not
more than $250, or imprisonment of not more than 15 days, or both
such fine and imprisonment.
Should any provision of this article be judicially determined
to be invalid, the remaining provisions shall continue in full force
and effect.
