[HISTORY: Adopted by the Board of Trustees of the Village of West Haverstraw 5-1-1974 (Secs. 14-40 through 14-45 of the 1971 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Public property — See Ch. 176.
[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.
A. 
Nothing contained herein shall be construed to prohibit any person from consuming any alcoholic beverages within or on private property or premises which he may own or in which he may have the right to be present under a lease, or as a member, as a guest or otherwise. Nor shall this chapter prohibit such consumption by the customers or guests within and on a place of business duly licensed for the consumption of alcoholic beverages.
[Amended 3-18-1998 by L.L. No. 2-1998]
B. 
Nothing contained herein shall be construed to prohibit any person from possessing open containers, consuming alcoholic beverages at any block party or other affair conducted pursuant to a permit issued by the Village of West Haverstraw, provided such permit shall be prominently displayed where such alcoholic beverages are being distributed, and further provided that such alcoholic beverages are being consumed, or open containers of alcoholic beverages are possessed, within the confines of the area designated for such party or other affair, and by persons of legal age to possess and consume same.
[Amended 12-3-2001 by L.L. No. 5-2001]
[Added 12-3-2001 by L.L. No. 5-2001[1]]
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.
[1]
Editor's Note: This local law also renumbered former § 65-5 as § 65-6.
[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.