[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.
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.
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:
A.
Drink or otherwise consume any alcoholic beverage while
on or in any public land within the village.
B.
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.
C.
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:
A.
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
B.
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.
A.
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.
B.
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.
C.
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.
D.
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.
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.
[1]
Editor's Note: This local law also provided that it would take
effect 12-1-1999.
