[Adopted 5-2-1979 by L.L.
No. 4-1979 (Ch. 3A of the 1972 Code)]
No person shall have, possess, carry or transport with intent to consume
liquor, wine, beer or other alcoholic beverages in or upon any public sidewalk,
street, highway, parking lot or public park in the Town of New Windsor in
open containers, cans, bottles, glasses or cups of any type, and no person
shall drink or otherwise consume liquor, wine, beer or other alcoholic beverages
in or upon any public sidewalk, street, highway, parking lot, shopping center,
public park or other public place in the Town of New Windsor. For purposes
of this article, "intent to consume" means drinking from the container, with
alcohol on the breath of the possessor and/or any circumstances evidencing
an intent to ultimately consume on any public lands.
For the purpose of this article, a container shall be regarded as unsealed
when:
A. Its top or cork has been removed;
B. Any of its contents have been removed;
C. The government tax stamp has been removed or broken;
D. In the case of a metal container, the container has been opened
in any fashion; or
E. In the case of twist-top containers, the original seal has been
broken.
An open bottle or open container in which there is an alcoholic beverage
in any vehicle in public areas, such as but not limited to business parking
lots, apartment complex parking lots, private roads, Town of New Windsor property,
and public or private rights-of-way, shall be presumptive evidence that the
same is in possession of all occupants thereof and in violation hereof.
Any person violating any of the provisions of this article shall be
punished, upon conviction, by a fine of not more than $250 or imprisonment
for not more than 15 days, or both, for each violation. Each day that a violation
of or failure to comply with any provision of this article or any regulations
promulgated hereunder by the Town Board occurs shall constitute a separate
and distinct violation.