[HISTORY: Adopted by the Council of the City of Beacon 3-16-1992
by L.L. No. 2-1992. Amendments noted where applicable.]
A.Â
The purpose of this chapter is to protect and promote
the safety, health and well-being of the people of the City of Beacon and
their property and to regulate the conduct of persons in the City of Beacon
by prohibiting the consumption of alcoholic beverages in public places and
on property owned or leased by another person without the invitation or consent
of such person.
B.Â
Findings.
(1)Â
The City Council of the City of Beacon finds that the
possession or consumption of alcoholic beverages in public streets and public
places, except under certain conditions, is detrimental to the health, safety
and welfare of the residents of the City of Beacon, causes unsightly and unsanitary
conditions, creates a nuisance and interferes with the peace and good order
of said City. It is further the intent of the City Council that this chapter
not be considered as a traffic regulation insofar as it relates to motor vehicles
or the operation thereof.
(2)Â
The City Council further finds that the possession or
consumption of alcoholic beverages on public streets and public places is
a serious, substantial and significant cause of persons (especially persons
who are under the legal age for alcoholic consumption) becoming unruly, disruptive,
disorderly, uncontrollable, obnoxious, offensive and of a general character
detrimental to the health, welfare and peaceful orderliness of the community.
In addition, the allowance of possession or consumption of alcoholic beverages
on public streets and public places has been proven to be a significant and
substantial cause in the congregation of persons who, in turn, significantly
and substantially cause and promote unruly, disruptive, disorderly, uncontrollable,
obnoxious, offensive and generally detrimental behavior.
(3)Â
The City Council further finds that there is a significant
relationship between the possession of an open or unsealed container of an
alcoholic beverage on public streets or places and the general health, welfare
and safety of the public and that it has been demonstrated to this City Council
that the allowance of open or unsealed containers of alcoholic beverages is
the most significant and substantial factor contributing to the consumption
of such alcoholic beverages.
(4)Â
The City Council further finds that this chapter is necessary
and proper to promote the health, welfare and safety of the general public
and that the restrictions on conduct created by this chapter are not unduly
harsh or restrictive and are necessary and proper pursuant to the police power
of the City of Beacon.
A.Â
When not inconsistent with the context, words used in
the present tense include the future, words used in the plural number include
the singular, words used in the singular number include the plural, and words
in the masculine include the feminine. All words not defined herein shall
have the meanings ascribed to them in regular usage.
B.Â
ALCOHOLIC BEVERAGE
CITY
MOTOR VEHICLE
OPEN CONTAINER
PUBLIC PLACE
As used in this chapter, the following terms shall have
the meanings indicated:
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.
The City of Beacon.
Every vehicle, including a snowmobile, which is or can be operated
or driven upon a public highway and which is propelled by any power other
than muscular power, other than a public omnibus used in the business of transporting
passengers for hire.
Any open, resealed, unsealed or partially refilled container, can
or bottle containing an alcoholic beverage.
A place in the City of Beacon to which the public or a substantial
group of persons has access, and includes but is not limited to highways,
sidewalks, parking areas, parks, playgrounds, shopping centers, schoolyards
and hospital grounds.
A.Â
No person shall drink an alcoholic beverage or have in
his possession any open bottle, can or other container of alcoholic beverage
with the intent to consume such alcoholic beverage while such person is in
a public place or on property owned or leased by another person without the
invitation or consent of such person.
B.Â
No person shall drink an alcoholic beverage or have in
his possession any open bottle, can or container of alcoholic beverage, with
the intent to consume such alcoholic beverage, while such person is the operator
of or occupant or passenger in or on a motor vehicle which is parked, standing
or being operated in a public place or on the property owned or leased by
another without the invitation or consent of such person.
A.Â
Any facility or establishment licensed to serve or dispense
alcoholic beverages by the State Liquor Authority or other authority pursuant
to the Alcoholic Beverage Control Law of the State of New York is exempt from
this chapter.
B.Â
This chapter shall not apply to the consumption or possession
of alcoholic beverages in the City of Beacon for which special written consent
is first obtained from the Chief of Police of the City, which consent shall
be granted only if the public safety and welfare will not thereby be adversely
affected.
C.Â
The above prohibitions shall not apply in the event of
a fair, picnic or other community gathering for which special permission has
been granted by the City.
A violation of this chapter shall be an offense punishable by a penalty as provided for in § 1-3, General penalty.
