[HISTORY: Adopted by the Town Board of the
Town of Poughkeepsie 5-4-1971; amended in its entirety 5-4-1987 (Part II, Ch. 11, Art. II, of the 1964
Code). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation — See Ch. 148.
A.
This chapter is adopted pursuant to § 130
of the Town Law of the State of New York to preserve the public peace
and good order and to exercise the police power of the Town to promote
the general health, safety and welfare of the residents of the Town
by executing this chapter, since it is the finding of the Town Board
that the possession of open containers of alcoholic beverages and
the consumption of alcoholic beverages by persons on certain public
lands and streets and sidewalks, except under controlled conditions,
is detrimental to the health, safety and welfare of the residents
of the Town in that such possession contributes to the development
of unsanitary conditions and the creation of a nuisance.
B.
It is further the intent of the Town Board of the
Town of Poughkeepsie that this chapter not be considered as a traffic
regulation insofar as it relates to motor vehicles or the operation
thereof.
As used herein, the following terms shall have
the meanings set forth below:
Includes all such beverages as defined in § 3 of
the Alcoholic Beverage Control Law of the State of New York.
Any bottle, glass or other receptacle suitable for or used
to hold any liquid.
Any highway, street, sidewalk, park, playground, shopping
center or any other place to which the public may have access, including
but not limited to the parking lot of any commercial, industrial or
professional establishment, but excluding those places wherein the
use and consumption of alcoholic beverages is authorized pursuant
to a license or permit issued under the Alcoholic Beverage Control
Law of the State of New York.
[Amended 3-27-1996 by L.L. No. 4-1996]
This chapter shall apply to all persons on public lands in the Town, except as provided in § 54-3C above, and shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon any public highway within the Town in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.
[Amended 3-27-1996 by L.L. No. 4-1996; 9-22-1999 by L.L. No.
19-1999; 6-3-2009 by L.L. No. 22-2009]
A.
A violation
of this chapter is hereby declared to be an offense punishable by
a fine not exceeding $1,000 or imprisonment for a period not to exceed
15 days, or both, for conviction of a first offense; for conviction
of a second offense, both of which were committed within a period
of six months, punishable by a fine not exceeding $1,500 or imprisonment
for a period not to exceed 30 days, or both; and upon conviction of
a third or any subsequent offense, each of which was committed within
a period of six months, punishable by a fine not exceeding $2,000
or imprisonment for a period not to exceed 45 days, or both. A conviction
under this chapter shall constitute a violation.
B.
In addition
to any other remedies set forth herein authorizing the Town to enforce
the provisions of this chapter, establishing penalties, and setting
forth additional remedies, the person charged with the responsibility
to enforce the provisions of this chapter may impose a civil fine
or agree to a civil fine not to exceed $1,000 per day for each day
of the violation. If said civil fine is imposed, then the alleged
violator may appeal to the Town Board.
