[Amended 6-20-1983 by L.L. No. 3-1983]
It is the intent of the Village of Potsdam, 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 Article, since it is the finding
of the Board of Trustees of the Village of Potsdam that 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 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.
It is further the intent of the Board of Trustees of the Village of Potsdam
that this Article not be considered as a traffic regulation insofar as it
relates to motor vehicles or the operation thereof.
For the purpose of this Article, the following shall have the meanings
ascribed to them. All other words shall have the meanings normally ascribed
to them in regular usage.
Includes alcohol, spirits, liquor, wine, beer, cider 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.
Any highway, street, alley, sidewalk, park or playground, pubic parking
lot or public building.
The Village of Potsdam, New York.
It shall be a violation of this Article for any person to:
A.
Consume any alcoholic beverage on any public land within
the village.
B.
Have in his possession any open container containing
any alcoholic beverage on any public lands within the village.
C.
Have within his possession for the purposes of consumption
on public lands, by either himself or another person, any open container containing
an alcoholic beverage on any public lands within the village.
An open container containing an alcoholic beverage in any vehicle shall
be presumptive evidence that the same is in possession of all occupants thereof
and in violation of this Article.
A.
The foregoing prohibition shall not apply in the event
of a fair, picnic or other community gathering for which special permission
for an exception under this section has been granted by the Board of Trustees.
B.
The foregoing provisions shall not apply to the transportation
of an unsealed but not open container across public lands of the village from
one point to another, with no intent to consume the contents of such open
container while upon public lands.
This Article shall apply to all persons on public lands in the village except as provided in § 124-9 above and shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon a public highway within the village in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.[1]
