[HISTORY: Adopted by the Board of Trustees of the Village of Valatie 10-26-1971 by L.L. No. 1-1971 (Ch. 35 of the 1980 Code). Amendments noted where applicable.]
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
As used in this chapter, the following terms shall have the meanings indicated:
INTENT TO CONSUME
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.
OPEN BOTTLE OR OTHER CONTAINER
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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No person shall 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 highway, public street, public sidewalks, public parking area or in any vehicle or public place except those premises duly licensed for sale and consumption of alcoholic beverages on the premises.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This chapter 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 4-22-1980 by L.L. No. 1-1980]
Any person committing an offense against any provision of this chapter shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuance of an offense for each day (24 hours) shall be deemed a distinct and separate violation.