[HISTORY: Adopted Town Board of the Town of New Windsor as indicated
in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation areas — See Ch. 212.
[Adopted 5-2-1979 by L.L.
No. 4-1979 (Ch. 3A of the 1972 Code)]
A.
In the recent past the Town of New Windsor has received
complaints concerning the incidence of persons drinking alcoholic beverages
in the public areas of the Town, and especially in the vicinity of bars and
taverns in the Town and around shopping centers. There have also been complaints
of such activity in the parks and on or adjacent to public highways. Also,
upon investigation of these complaints, it is found that in the places complained
of large quantities of refuse, beer cans, beer bottles, wine and liquor bottles
and other litter have been found to accumulate, to litter the public roads
and to be stuffed into catch basins and public facilities.
B.
The complaints indicate and investigations show that
such drinking very often is participated in by large groups of people and
is associated with noise and rowdiness, in addition to litter.
C.
It is also found that where this kind of drinking activity
takes place, acts of vandalism have been found to occur and damage to public
and private property has been sustained. It is also found that the necessity
to police such behavior is a cost likely to be increased as a burden to the
taxpayers and that the protection of the health, safety and welfare of the
community requires action in the public interest to regulate such behavior.
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.
If any individual or organization desires to dispense alcoholic beverages on premises described in § 88-2 in the Town of New Windsor, he or it must apply to the Town Board of the Town of New Windsor for permission to do so not less than 15 days prior to the date that he or it desires to dispense said beverages. No fee shall be charged. Permission, if granted, shall be contingent upon the individual or organization securing a license, if required, from the appropriate Alcoholic Beverage Control Board to dispense alcoholic beverages. This license shall be displayed to the Town Board, and said organization shall accept the obligation and responsibility for supervising and keeping good order and public peace at such event.
B.
No alcoholic beverage shall be consumed other than on
those premises described in the approval resolution issued by the Town Board.
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.
