[HISTORY: Adopted by the Town Board of the Town of New Lebanon 8-10-1981 by L.L. No. 4-1981; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Subsequent amendments noted where applicable.]
This chapter shall be known as the "Open Container Law of the Town of New Lebanon."
It is the intent of the Town of New Lebanon, as an exercise of its police power, to promote the general health, safety and welfare of the residents of the Town of New Lebanon by enacting this chapter, finding that the possession of open containers of alcoholic beverages with intent to consume the same by persons on certain public lands, except under controlled conditions, is detrimental to the health, safety and welfare of the residents of the Town of New Lebanon in that such possession with intent to consume the same contributes to the development of unsanitary conditions and the creation of a nuisance.
The provisions of this chapter must be construed according to the fair import of their terms to promote and effect the objectives of this chapter. Unless otherwise expressly stated, or where different meanings are expressly specified in this chapter, all words, terms and phrases used in this chapter shall have common, everyday, ordinary meanings.
The following terms have the following meanings:
- ALCOHOLIC BEVERAGE
- Includes beer, wine, liquor and all other alcoholic beverages as specifically defined by § 3 of the Alcoholic Beverage Control Law of the State of New York.
- Any bottle, glass, can, cup, or other similar receptacle containing any alcoholic beverage. For the purpose of this chapter, a container shall be deemed open if the bottler's or the distiller's original seal has been broken.
- A human being, and, where appropriate, a public or private corporation, an unincorporated association, or partnership.
- PUBLIC PLACE
- A place to which the public or a substantial group of persons has access, including but not limited to any highway, street, road, sidewalk, lane, public parking lot, shopping area, place of amusement, playground, park, beach, any and all publicly owned land within the Town of New Lebanon and private property where one or more persons have gathered without the consent of the person in lawful possession of the property, except that the definition of a public place shall not include the specific confines of those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within.
The possession of open containers of alcoholic beverage with intent to consume the same, consumption of alcoholic beverage, and disposal of containers of alcoholic beverages with the Town of New Lebanon is regulated as follows:
No person shall have in his possession with intent to consume the same an opened and unsealed container of alcoholic beverage in or on any public place within the Town of New Lebanon.
No person shall consume alcoholic beverages in or on any public within the Town of New Lebanon.
No person shall break, leave, discard or deposit in any manner any glass, bottle, glassware, crockery, can or container of any kind in or on any public place within the Town of New Lebanon, unless and except that is part of the act of depositing the same in a trash device specifically designed for the retention of trash.
The town expressly reserves the right to issue a permit temporarily waiving the application of this chapter upon written application. Such permit shall be granted only upon furnishing evidence that all applicable rules and regulations of the Alcoholic Beverage Control Board have been complied with and that such other conditions as the Town Board may establish are satisfied. Said permit may be issued by the Town Clerk, Town Supervisor, Town Board and/or Park Superintendent.
Any person violating any provision of this chapter shall be deemed guilty of a violation and, upon conviction thereof, shall be subject to a penalty of not more than $250 or imprisonment for not more than 15 days, or both.