[Amended 8-16-1983 by L.L. No. 2-1983]
A. 
The Board of Trustees 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 article 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. 
Prohibited. No person shall, within the Village of Avon, possess with intent to consume, 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, the Village Building or such other public place as defined by § 240.00 of the Penal Law of the State of New York without prior written consent of the Board of Trustees.
[Amended 10-7-1986 by L.L. No. 8-1986; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Possession of open containers. No person shall carry or have in his or her possession, within the Village of Avon, 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 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.
(2) 
An open bottle or open container in any vehicle while in or on any public sidewalk, street, highway, parking lot, public park or other public place, as defined by § 240.00 of the Penal Law of the State of New York, shall be presumptive evidence that the same is in the possession of all the occupants thereof.
A. 
The provisions of § 65-8 shall apply to all public parks except Avon Driving Park and Five Arch Bridge Park in the Village between the hours of 9:00 a.m. to 10:00 p.m. unless extended by permit issued by Avon Park Commission.
B. 
The provisions of § 65-8 shall not apply to any activity sponsored by an organization having proper license to dispense alcoholic beverages upon public property in the Village, said license having been issued by the Alcoholic Beverage Control Board of Livingston County or such organization having obtained permission from the Avon Park Commissioner for the granting of this exception. No fee shall be charged for the granting of this permission. This exception shall apply only to the public property in the Village upon which the alcoholic beverages are dispensed.
No person shall break, leave, discard or deposit in any manner any glass, bottle, glassware, crockery, can or container of any kind, make or description in any public street, sidewalk, park, parking area or public place of any nature within the limits of the Village.
Any open, resealed, reopened or partially empty bottle, can or container of any kind or description containing an alcoholic beverage of any kind or description, as defined by § 3 of the Alcoholic Beverage Control Law, found in or on any vehicle within the limits of the Village shall be 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.