[HISTORY: Adopted by the Town Board of the Town of Blooming Grove 11-8-1976 by L.L. No. 4-1976 (Ch. 148 of the 1975 Code). Amendments noted where applicable.]
Peace and good order — See Ch. 169.
It is the intent of the Town of Blooming Grove as an exercise of its police power to promote the general health, safety and welfare of the residents of the town by enacting this chapter since it is the finding of the Town Board 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 town in that such possession with intent to consume said beverage contributes to the development of unsanitary conditions and the creation of a nuisance. It is further the intent of the Town Board of the Town of Blooming Grove that this chapter 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 shall have the meanings ascribed to them. All other words shall have the meaning normally ascribed to them in regular usage.
- ALCOHOLIC BEVERAGE
- 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, cup or other receptacle suitable for or used to hold any liquid.
- INTENT TO CONSUME
- Drinking from the container, with alcohol on the breath of the possessor and/or any circumstances evidencing an intent to ultimately consume on any public lands.
- OPEN CONTAINER
- A container, as defined herein, with the contents exposed to the atmosphere or the seal thereof broken.
- PUBLIC LANDS
- Any highway, street, sidewalk, public parking lot, park or playground.
- The Town of Blooming Grove.
No person shall have in his possession, with the intent to consume the same, any open container containing an alcoholic beverage, nor shall any person, except in a receptacle designated by the town, deposit, place, discard or leave any container, whether or not containing an alcoholic beverage, on an public land within the town, excluding land within the Village of Washingtonville.
The foregoing prohibition shall not apply in the event of a fair, picnic, parade or other gathering for which special permission has been granted by the Town Board for use of public lands.
This chapter shall apply to all public lands in the town, excluding land within the Village of Washingtonville, except as provided in § 72-4 above, and 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.
A violation of this chapter shall constitute a violation as defined in the Penal Law and shall be punishable by a fine not to exceed $250.