[HISTORY: Adopted by the Board of Trustees of the Village of New Hyde Park 4-19-1983 by L.L. No. 2-1983. Amendments noted where applicable.]
It is the intent of the Village of New Hyde Park, as an exercise of its police power, to promote the general health, safety and welfare of the residents and inhabitants of the village by enacting this chapter, since it is the finding of the Board of Trustees that the possession of open containers of alcoholic beverages by persons on certain public lands, except under controlled conditions and except where there is clearly no intent to consume the contents of such open container while upon public lands, is detrimental to the health, safety, comfort and welfare of the residents of the village. The Board finds that such possession of open containers, except as noted, contributes to the development of unsanitary conditions and the creation of nuisances, including but not limited to littering, damage to public and private lands and improvements and raucous or other disorderly conduct and behavior, all of which threaten the peace, safety and welfare of village residents, the peaceable and orderly use and enjoyment of public facilities and thoroughfares and the preservation and welfare of public and private property. It is further the intent of the Board of Trustees that this chapter not be considered as a traffic regulation insofar as it relates to motor vehicles or their operation and use.
For purposes of this chapter, the following words or phrases shall have the meanings ascribed to them herein. All other words or phrases shall have the meanings normally ascribed to them in regular usage.
- ALCOHOLIC BEVERAGE
- Includes any liquor, beer, wine, spirits, cider or other liquid or solid, patented or not, composed of or containing alcohol or spirits, whether or not brewed, fermented or distilled, and capable of being consumed by a human being.
- Any bottle, can, glass, cup or other receptacle of any kind, which is suitable for or used for holding any alcoholic beverage.
- PUBLIC LANDS
- Includes any public highway, street, alley, sidewalk, parking area or lot, park or playground; any public building, transportation facility or other public facility or grounds, whether vacant or improved; and any public building, facility, land, structure or grounds owned, leased, controlled or operated by the Village of New Hyde Park, its boards, commissions, agencies or departments within the geographical boundaries of the village.
- The Incorporated Village of New Hyde Park, New York.
It shall be a violation of this chapter for any person to:
Drink or otherwise consume any alcoholic beverage while on or in any public land within the village.
Have in his possession or carry or transport any open or unopen container containing any alcoholic beverage in or upon any public park or playground within the village.
Have within his possession, for the purposes of consumption in or on public lands by either himself or another person, any open container containing an alcoholic beverage while in or upon any public lands within the village.
The foregoing prohibitions shall not apply in either of the following circumstances:
To any person of legal drinking age, attending and while in actual lawful attendance at a fair, picnic, block party, dance, social or other community gathering held in or upon public lands for which gathering or function special permission has been previously granted by the Village Board of Trustees, or its duly authorized and lawful representatives, in accordance with the provisions of this chapter; or
To any person in possession of an unsealed or open container containing an alcoholic beverage while said person is carrying or transporting the same across any public lands, other than a public park or playground, from one point to another, with no intent to consume the contents of such open container while in or upon public lands.
After receipt of a written request therefor and after a duly held public hearing thereon, a special permit may be granted by the Board of Trustees or its authorized, lawful representatives, to any person, group of persons, organization, association or other responsible and identifiable party or parties to conduct a fair, picnic, block party, dance, social or other community gathering or function in or upon public lands, at which gathering or function the consumption of alcoholic beverages and/or the possession of open containers of alcoholic beverages for purposes of consumption in public shall be authorized and approved, subject to such reasonable conditions as to times, dates, places and other circumstances as said Board, in its discretion, may impose.
No charges shall be made for any such requests or permits, except for a fee of $10, payable for and at the time of issuance of the special permit authorized and granted by the Village Board.
The foregoing special permit, if granted, shall clearly indicate the date, time and place of the gathering or function for which issued, the duration of such permission and the person, group, organization, etc., to whom the permit is issued. Said permit shall also include any conditions, limitations or other terms or provisions to which it is subject, clearly imprinted on the face thereof, and shall be kept on or in the general locale of the gathering or function for which it is authorized at all times during the duration thereof.
Said permit shall be produced for inspection by any person, upon demand therefor, and shall be presumptive evidence of the validity of such gathering or function and of the authorization granted by the Board of Trustees in accordance with this section.
This chapter shall apply to all persons on public lands in the village, except as otherwise provided in § 40-4 hereinabove, and shall not apply to any person drinking or otherwise consuming an alcoholic beverage while operating a motor vehicle upon any public street or highway within the village in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.
[Amended 12-7-1989 by L.L. No. 3-1989; 11-16-1999 by L.L. No. 4-1999]
A violation of any of the provisions of this chapter is hereby declared to be unlawful and a criminal offense. Each such offense is hereby designated a Class B misdemeanor as defined in Article IIA of Chapter 1 of the Village Code, and every such misdemeanor shall be punishable in accordance with the provisions of Subsections D, E and F of § 1-27 of that article.
Editor's Note: This local law also provided that it would take effect 12-1-1999.