[HISTORY: Adopted by the Town Board of the Town of Elbridge
as Ch. 65 of the Municipal Code. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Public
Conduct Law of the Town of Elbridge, New York."
A.
The Town Board finds that the unrestricted consumption of alcoholic
beverages in certain public places often leads to disorder 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.
For the purpose of this chapter, the following words shall have
the meanings ascribed them. All other words shall have the meaning
normally ascribed to them in regular use.
Beer, wine, liquor and all other alcoholic beverages as defined
by the New York Alcoholic Beverage Control Law.
Any bottle, can, glass or other receptacle suitable for or
used to hold any liquid.
Every vehicle, including a snowmobile, which is or can be
operated or driven upon a public highway and which is propelled by
any power other than muscular power, other than public omnibus used
in the business of transporting passengers for hire.
Any highway, street, public sidewalk, cemetery, playground,
public parking area, public buildings, parks, except by special permit
issued by the Town Clerk or any authorized official to persons reserving
the Town Park, or other such lands as are generally open to the public.
A.
Public places.
(1)
No person shall drink an alcoholic beverage or have in his or her
possession any open bottle, can or container of alcoholic beverage
with the intent of the possessor or another to consume same while
such person is the operator of or occupant or passenger in or on a
motor vehicle which is parked, standing or being operated in a public
place or on the property owned or leased by another without the invitation
or consent of such person. 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(2)
The possession of an open bottle or open container unwrapped or with
the top exposed in a public place as herein defined shall be presumptive
evidence that such open bottle or open container is intended to be
consumed in a public place.
(3)
The presence of an open container or alcoholic beverage in any motor
vehicle shall be presumptive evidence that the same is in the possession
of all the occupants thereof and in violation of this chapter.
No person shall break, leave or discard any open container on
public land within the Town of Elbridge, except in waste receptacle
placed on public land and for the purpose of depositing or discarding
therein waste, or in an area designated therefor.
A.
Any facility or establishment licensed to serve or dispense alcoholic
beverages by the State Liquor Authority or other authority pursuant
to the Alcoholic Beverage Control Law of the State of New York is
exempt from this chapter.
B.
This article shall not apply to the consumption or possession of
alcoholic beverages in the Town of Elbridge parks by persons who have
a valid permit issued thereof.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
A violation of this chapter shall constitute a violation as
defined in the Penal Law of the State of New York. A person violating
this chapter shall be punishable by a fine not exceeding $250 or by
imprisonment for up to 15 days, or by both such fine and imprisonment.
