[HISTORY: Adopted by the Town Board of the Town of Bedford 5-31-1977
as L.L. No. 1-1977. Section 31-6 amended at time of adoption
of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where
applicable.]
A.
The Town of Bedford recognizes that consumption of alcoholic
beverages in public places must be adequately controlled so as to prevent
public disorder, nuisances, littering and other acts and conditions detrimental
to the health, safety and welfare of the residents of the town, and this chapter
is intended to provide such control and regulation.
B.
The Town Board finds that possession of an open container
of alcoholic beverage in a public place within the town has led to consumption
of the same, resulting in public intoxication, disorderly conduct, disturbance
of the public peace, littering of the public places and destruction of property.
The Town Board finds further that preservation of the public weal and prevention
of conditions which lead to conduct disturbing the public peace attributable
to consumption of alcoholic beverages can be so accomplished by the prohibition
of consumption of alcoholic beverages in public places and by restricting
the possession of an open or unsealed container of alcoholic beverages under
circumstances which indicate that the possessor of such open or unsealed container
in a public place intends to consume the same or intends to have in consumed
by another person.
[Added 8-16-1983 by L.L. No. 2-1983]
As used herein, the following words shall have the meanings below set
forth:
Includes all such beverages as defined in § 3 of the Alcoholic
Beverage Control Law of the State of New York.
Any bottle, can, glass, cup or similar receptacle suitable for, or
used to hold, any liquid.
Any highway, street, sidewalk, park, playground, parking lot, shopping
center, mall, or any other place to which the public or a substantial group
of persons has access, but excluding those public places wherein the use and
consumption of alcoholic beverages is authorized pursuant to a license or
permit issued under the Alcoholic Beverage Control Law.
[Amended 8-16-1983 by L.L. No. 2-1983]
No person shall consume or ingest any alcoholic beverage in any public
place within the Town of Bedford. Carrying on the person, holding or possessing
any open, unsealed, resealed or partially full bottle, can or container of
an alcoholic beverage in a public place as hereinabove defined for the purpose
of consuming such alcoholic beverage by such person or by another shall constitute
prima facie evidence of a violation of this section.
Any open, unsealed, resealed or partially full bottle, can or container
which contains an alcoholic beverage found in any vehicle in any such public
place shall be presumptive evidence that the same is in possession of all
the occupants of said vehicle and in possession of the person last having
control and custody of said vehicle.
The foregoing prohibition against drinking alcoholic beverages in public
places or possessing open, unsealed, resealed or partially empty bottles,
cans or containers of such alcoholic beverage shall not apply nor be a violation
of this chapter in the event of a gathering which has been granted special
permit by the Town Board of the Town of Bedford or its authorized official.
[Amended 5-1-1984 by L.L. No. 2-1984]
An offense against the provisions of this chapter shall constitute a
violation under the Penal Law and shall be punishable by a fine of not more
than two hundred fifty dollars ($250.) or by imprisonment for not more than
fifteen (15) days, or both.
