[Adopted 7-24-1985 by L.L.
No. 3-1985]
It is the purpose of this article to protect the public interest, welfare,
health and safety within the Village of Manorhaven by prohibiting the consumption
of alcoholic beverages in public places within the village. The Village Board
finds that possession of an open or unsealed container of alcoholic beverage
in a public place within the village leads to consumption of the same, resulting
in public intoxication, disorderly conduct, disturbance of the public peace,
littering of the public places and destruction of property. The Village Board
finds further that preservation of the public health and prevention of conditions
which lead to conduct disturbing the public peace attributable to consumption
of alcoholic beverages can be accomplished by the prohibition of consumption
of alcoholic beverages in public places and by restricting the possession
of an open or unsealed container of alcoholic beverages under circumstances
which indicate that the possessor of such open or unsealed container in a
public place intends to consume the same or intends to have it consumed by
another person.
For purposes of this article, the following words or phrases shall have
the meanings ascribed to them herein. All other words or phrases shall have
the meanings normally ascribed to them in regular usage.
ALCOHOLIC BEVERAGE
Includes any liquor, beer, wine, spirits, cider or other liquid,
patented or not, composed of or containing alcohol or spirits, whether or
not brewed, fermented or distilled, and capable of being consumed by a human
being.
CONTAINER
Any bottle, can, glass, cup or other receptacle of any kind.
EVENT
A fair, picnic, block party or other community gathering in any public
place.
PUBLIC PLACE
Includes any public highway, street, alley, sidewalk, parking area
or lot, park or playground, public building, transportation facility or any
other public facility or ground, whether vacant or improved, within the incorporated
boundaries of the village.
VILLAGE
The Village of Manorhaven, New York.
It shall be a violation of this article for any person to:
A. Consume any alcoholic beverage in any public place within
the village.
B. Have in his possession an open or unsealed container
of an alcoholic beverage while in any public place for the purpose of consuming
such alcoholic beverage by himself or by another in any public place.
For the purposes of this article, the following rebuttable presumption
shall apply: the possession by a person of an open or unsealed container containing
an alcoholic beverage, while in or upon a public place within the village,
shall be presumptive evidence that said container is possessed with intent
to consume the contents thereof.
Each violation of this article shall constitute a separate offense and,
upon conviction, shall be subject to the following:
A. For a first offense under this article, a fine of not
less than $25 nor more than $250 or by imprisonment for not more than 10 days,
or by both such fine and imprisonment.
B. For a second or subsequent offense under this article,
a fine of not less than $50 nor more than $250 or by imprisonment for not
more than 15 days, or by both such fine and imprisonment.
Should any provisions of this article be judicially determined to be
invalid or unconstitutional, such decision shall not affect the validity or
constitutionality of this article as a whole, and the remaining provisions
hereof shall continue in full force and effect.