[Adopted 9-3-1985 as Ch. 65, Arts. III and IX, of the 1985
Code]
As used in this article, the following terms
shall have the meanings indicated:
INTENT TO CONSUME
Includes any of the following:
A.
Drinking from the container.
B.
Possession with movement of the container to
the mouth.
C.
Possession with alcohol on the breath of the
possessor.
D.
Any circumstances evidencing an intent to ultimately
consume on any public lands.
OPEN CONTAINER
The condition of the container, containing liquor, beer,
wine or other alcoholic beverage, as the same is defined by the Alcoholic
Beverage Control Law of the State of New York, whose cap, cork, top
or other closing device has been removed, or the condition of a can
which is punctured or pulled open so as to break its seal.
Any person who shall violate any of the provisions of this article shall be guilty of a violation pursuant to the Penal Law and, on conviction thereof, shall be subject to the fines, penalties and other provisions set forth in Chapter
113.