[HISTORY: Adopted by the Town Board of the
Town of West Seneca as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-1-1979]
It is the intent of the Town of West Seneca,
as an exercise of its police power, to promote the general health,
safety and welfare of the residents of the Town of West Seneca by
enacting this article, since it is the finding of the Town Board that
the possession of open containers of alcoholic beverages by persons
on public lands, except under controlled conditions, is detrimental
to the health, safety and welfare of the residents of the Town of
West Seneca in that such possession contributes to the development
of unsanitary conditions and the creation of nuisances. It is further
the intent of the Town Board of the Town of West Seneca 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
terms shall have the meanings ascribed to them. All other words shall
have the meanings normally ascribed to them in regular usage.
Includes alcohol, liquor, wine, beer, cider and every liquid,
patented or not, containing alcohol, 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, sidewalk, park, playground, public parking
lot or other public land.
No person shall have in his possession any open
container containing an alcoholic beverage on any public land within
the Town of West Seneca.
[Amended 4-21-2014 by L.L. No. 4-2014]
The foregoing prohibition shall not apply in
the event of a fair, picnic or other community gathering for which
special permission has been granted by the Town of West Seneca, including,
but not limited to, a Town-sanctioned farmers market, where consumption
of alcoholic beverages shall be permitted during those hours when
such function is open to the public and subject to such conditions
as the Town deems appropriate in granting said permission.
This article shall apply to all persons on public
lands in the Town, except as hereinbefore provided, but 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.
Any person or persons, association or corporation
committing an offense against this article or any section or provision
thereof is guilty of a violation punishable by a fine not exceeding
$250 or by imprisonment for a period not exceeding 15 days for each
such offense, or by both such fine and imprisonment.
