[HISTORY: Adopted by the Town Board of the Town of Hillsdale as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-17-1983 by L.L. No. 1-1983]
It is the purpose of this article to protect the public interest, welfare, health and safety within the Town of Hillsdale by prohibiting the consumption of alcoholic beverages in public places within the Town. The Town Board finds that possession of an open container of alcoholic beverage in a public place within the Town has led to consumption of the same, resulting in public intoxication, disorderly conduct, disturbance of the public peace, littering of the public places and destruction of property. The Town Board further finds that preservation of the public welfare and prevention of conditions which lead to conduct disturbing the public peace attributable to consumption of alcoholic beverages can be accomplished by the prohibition of consumption of alcoholic beverages in public places, and by restricting the possession of an open or unsealed container of alcoholic beverages under circumstances which indicate that the possessor of such open or unsealed container in a public place intends to consume the same or intends to have it consumed by another person.
The following terms used in this article shall have the following meaning, unless the context requires or indicates a different meaning:
ALCOHOLIC BEVERAGE
Includes alcohol, spirits, liquor, wine, beer, cider and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by a human being.
CONTAINER
Any bottle, can, glass or other receptacle suitable for, or used to hold, any liquid.
PUBLIC PLACE
Any highway, street, sidewalk, park, parking area or playground within the Town.
TOWN
The Town of Hillsdale.
It shall be a violation of this article for any person to:
A. 
Consume any alcoholic beverage in any public place within the Town;
B. 
Have in his possession an open or unsealed container of an alcoholic beverage while in any public place for the purpose of consuming such alcoholic beverage by himself or by another in any public place.
The foregoing prohibition shall not apply to consumption of alcoholic beverage or possession for the purpose of consumption in any public place where the same is authorized by license or permit under the laws and regulations of this state or under the regulations of the Town; nor shall such prohibition apply to the possession of an open or unsealed container of an alcoholic beverage solely for the purpose of transporting the same without an intent or indication to consume the same in any public place.
This article shall not apply to any person who is also in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.
Each violation of this article shall be punishable by a fine not to exceed $250 for each offense or by imprisonment not to exceed 15 days, or by both such fine and imprisonment.
If any provision of this article shall be invalidated by any court, such provision shall be deemed severable and the remaining provisions shall continue in full force and effect.