[HISTORY: Adopted by the Council of the City of Rye 5-20-1992 by
L.L No. 8-1992. Amendments noted where applicable.]
It is the intent of the City of Rye, as an exercise of its police power,
to promote the general health, safety and welfare of the residents and inhabitants
of the city by enacting this chapter, since it is the finding of the City
Council of the City of Rye that the consumption of alcoholic beverages and
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 city in that such consumption and
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. This chapter shall 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 terms shall have the
meanings ascribed to them. All other words shall have the meanings normally
ascribed to them in regular usage:
- ALCOHOLIC BEVERAGE
- Includes alcohol, spirits, liquor, wine, beer and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by a human being.
- CITY
- The City of Rye.
- CONTAINER
- Any bottle, can, glass or other receptacle suitable for or used to hold any liquid.
- PUBLIC LANDS
- Any highway, street, sidewalk, park, playground, school ground or city-owned open space.
It shall be a violation of this chapter for any person to:
A.
The foregoing prohibitions shall not apply during the
time of a fair, picnic or other community gathering on public lands if permission
to perform the prohibited acts has been granted by the city.
B.
The foregoing prohibitions shall not apply to the transportation
of a container containing any alcoholic beverage across public lands of the
city from one point to another, with no intent to consume the contents of
such container while on public lands.
This chapter shall apply to all persons on public lands in the city except as provided in § 47-4. This chapter shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon any public highway within the city in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.
Any person committing an offense against any provision of this chapter
shall, upon conviction thereof, be guilty of a violation pursuant to the Penal
Law of the State of New York, punishable by a fine not exceeding $250.
