[HISTORY: Adopted by the Board of Trustees of the Village of Manorhaven
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Disorderly conduct — See Ch. 52.
[Adopted 7-24-1985 by L.L.
No. 3-1985[1]]
[1]
Editor's Note: This local law also repealed former Ch. 26, Alcoholic
Beverages, Art. I, Consumption in Public, adopted 11-14-1979 by L.L. No. 2-1979,
as amended 9-21-1983 by L.L. No. 4-1983.
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.
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.
Any bottle, can, glass, cup or other receptacle of any kind.
A fair, picnic, block party or other community gathering in any 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.
The Village of Manorhaven, New York.
It shall be a violation of this article for any person to:
A.
Exceptions. The foregoing prohibition shall not apply
to consumption of an alcoholic beverage or possession for the purpose of consumption
in any public place where the same is authorized by license or permit under
the laws and regulations of this state and under the regulations of the village
or a gathering or function for which permission has been previously granted
by the appropriate governing body, board, agency or commission.
B.
Permits for special events.
(1)
At least 10 calendar days prior to the proposed date
of an event, any person may apply to the Mayor of the village, on his own
behalf or on behalf of an organization, for a permit to possess and consume
any alcoholic beverages described herein during or in the conduct of an event.
(2)
The application shall contain the following information:
(a)
The name of the applicant(s) and the address and telephone
numbers of each; where the applicant is an organization, the name and address
of the organization and its officers shall be given.
(b)
The purpose of the event, the date when it is proposed
to be held, the approximate time when this event will start and terminate
and the location of the assembly area.
(c)
Such other information as the Mayor may deem reasonably
necessary.
(3)
Where the Mayor shall determine that the proposed event
is of such character, size and location as to be appropriate to and in harmony
with the surrounding area and that the public health, morals, safety and general
welfare of such neighborhood will not be endangered by the granting of such
permit, he shall issue a permit conditioned upon the applicant's written agreement
to comply with the terms of such permit.
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.