[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:
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.
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:
A.Â
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.
B.Â
No person shall consume alcoholic beverages in or on
any public within the Town of New Lebanon.
C.Â
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.
