[HISTORY: Adopted by the Board of Trustees of the Village of Scarsdale 2-24-1987 by L.L. No. 6-1987. Amendments noted where applicable.]
It is the intent of the Village of Scarsdale, 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 of the Village of Scarsdale that the consumption of alcoholic beverages and the possession of open containers of alcoholic beverages by persons on certain public lands, except under controlled conditions, is detrimental to the health, safety and welfare of the residents of the Village in that such consumption and possession contributes to the development of unsanitary conditions and the creation of nuisances, including but not limited to littering and raucous or other disorderly behavior. This chapter shall not be considered as a traffic regulation insofar as it relates to motor vehicles or the operation thereof.
For the purpose of this chapter, the following terms shall have the meanings ascribed to them. All other words shall have the meanings normally ascribed to them in regular usage:
- ALCOHOLIC BEVERAGE
- Includes alcohol, spirits, liquor, wine, beer and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by a human being.
- Any bottle, can, glass or other receptacle suitable for or used to hold any liquid.
- PUBLIC LANDS
- Any highway, street, sidewalk, park, playground, school ground or Village-owned open space.
- The Village of Scarsdale.
It shall be a violation of this chapter for any person to:
The foregoing prohibitions shall not apply during the time of a fair, picnic or other community gathering on public lands if special permission to perform the prohibited acts has been granted by the Village or if a permit has been issued pursuant to § 245-3 of the Village Code.
[Amended 6-12-2001 by L.L. No. 14-2001; 7-9-2002 by L.L. No. 5-2002]
The foregoing prohibitions shall not apply to the transportation of a container containing any alcoholic beverage across public lands of the Village from one point to another, with no intent to consume the contents of such container while on public lands.
This chapter shall apply to all persons on public lands in the Village except as provided in § 111-4. This chapter shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon any public highway within the Village in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.
[Amended 3-14-1989 by L.L. No. 6-1989]
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250.