[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:
Includes any commodity for which a license is required under
the Alcoholic Beverage Control Law.
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)]
[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.
