[Amended 12-3-2001 by L.L. No. 5-2001]
The Village Board of the Village of West Haverstraw believes that the
consumption of alcoholic beverages on the streets, in the parks and at or
on other public areas is a growing problem within the Village. Not only is
such activity frequently associated with excessive noise, rowdiness and vandalism,
but it affects the overall quality of life in the Village in other, more subtle
ways, such as the deposition of unsightly refuse, beer cans, beer bottles,
wine and liquor bottles and other related litter along the public roads, in
the parks and in the catch basins of the Village storm drains. Surrounding
towns and villages have passed laws prohibiting the possession of open containers
and the consumption of alcoholic beverages in public places within their municipal
boundaries, and the Village Board of the Village of West Haverstraw concludes
that it is in the public interest, for the protection of the health, safety
and welfare of its residents, to do so as well.
As used in this chapter, the following terms shall have the meanings
indicated:
ALCOHOLIC BEVERAGES
Any liquid intended for human consumption containing more than 1/2
of 1% by volume of alcohol.
PUBLIC PLACE
Any public highway, street, road, parking area or sidewalk or any
vehicle parked in such public place.
[Amended 8-19-1981 by L.L. No. 3-1981;
7-20-1983 by L.L. No. 2-1983; 12-3-2001
by L.L. No. 5-2001]
A. Except as otherwise provided at §
65-4 hereof, no person shall have, possess, carry or transport liquor, wine, beer or other alcoholic beverages in or upon any public sidewalk, street, highway, parking lot or public park in the Village of West Haverstraw in open containers, such as a bottle, can, glass, cup or other receptacle suitable for carrying or containing a liquid, and no person shall drink or otherwise consume liquor, wine, beer or other alcoholic beverages in or upon any public sidewalk, street, highway, parking lot, shopping center, public park or other public place in the Village of West Haverstraw.
B. Any person possessing an open container of an alcoholic
beverage is presumed to intend to consume the same or to allow its consumption
in public by another person.
[Added 12-3-2001 by L.L. No. 5-2001]
Except as otherwise provided at § 1227 of the New York State
Vehicle and Traffic Law, whenever an open container containing an alcoholic
beverage is found in any vehicle it shall be presumptive evidence that the
same is in the possession of all occupants thereof and in violation hereof;
provided, however, that this presumption shall not apply when the open container
is found on the person, or in the actual possession, of one or more of the
occupants of such vehicle.
[Amended 3-18-1998 by L.L. No. 2-1998]
Any person violating any provision of this chapter shall be punishable,
upon conviction, by a fine of not more than $250 or imprisonment for a period
not exceeding 15 days, or both, for each offense.