[HISTORY: Adopted by the Board of Trustees of the Village of Pelham
Manor as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-24-1978 by L.L. No. 7-1978]
The Board of Trustees of the Village of Pelham Manor recognizes that
consumption of alcoholic beverages in public places must be adequately controlled
so as to prevent public disorder, nuisances, littering and other acts and
conditions detrimental to the health, safety and welfare of the people of
the Village, and this local law is enacted to provide such control and regulation.
Whenever used in this local law, the following terms shall have the
meanings set forth:
Includes all such beverages as defined in Section "3" of the Alcoholic
Beverage Control Law of the State of New York.
Any bottle, can, glass, cup or similar receptacle suitable for or
used to hold any liquid.
Any highway, street, sidewalk, park, playground, parking lot, shopping
center, mall, or any other place to which the public or a substantial group
of persons have access, and including any vehicle located in any such place,
but excluding those public places wherein the use and consumption of alcoholic
beverages is authorized pursuant to a license or permit issued under the Alcoholic
Beverage Control Law, or is authorized by resolution of, or special permit
granted by, the Board of Trustees of the Village of Pelham Manor.
No person shall consume or ingest any alcoholic beverage in any public
place within the Village of Pelham Manor. Carrying on the person, holding
or possessing any open, unsealed, resealed or partially full container of
an alcoholic beverage in a public place shall constitute prima facie evidence
of a violation of this section, and any open, unsealed, resealed or partially
full container of an alcoholic beverage which is found in any vehicle in any
public place shall constitute prima facie evidence that such container is
in the possession of all the occupants of said vehicle or in the possession
of the person last having control and custody of such vehicle.
[Amended 5-14-1979 by L.L. No. 1-1979]
In addition to the penalties provided for in Chapter 1, General Provisions, Article III, General Penalty, of this Code, a person convicted of a third or subsequent violation of this article within a period of one year shall be guilty of a misdemeanor and shall be subject to imprisonment not to exceed 30 days.
