It is the intent of the Village of Massena as an exercise of its police power, to promote the general health, safety and welfare of the residents and inhabitants of the Village by enacting this article, since it is the finding of the Board of Trustees of the Village of Massena 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 Village in that such 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. It is further the intent of the Board of Trustees of the Village of Massena that this article not be considered as a traffic regulation insofar as it relates to motor vehicles or the operation thereof.
[HISTORY: Adopted by the Board of Trustees of the Village of Massena as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-4-2001 by L.L. No. 2-2001]
For the purpose of this article, the following shall have the meanings ascribed to them. All other word shall have the meanings normally ascribed to them in regular usage.
Includes alcohol, spirits, liquor, wine, beer, and all such beverages as defined in § 3 of the Alcoholic Beverage Control Law of the State of New York.
Any bottle, can, glass or other receptacle suitable for or used to hold any liquid.
Any highway, street, alley, sidewalk, school, park or playground, public parking lot or public building.
The parking lot of shopping centers, schools, churches or other religious institutions.
Without limiting the generality of the foregoing, any other place to which the public or a substantial group of persons has access.
Notwithstanding the foregoing, the following shall not be deemed "public places" for the purpose of this article:
Any public place or transportation facility wherein the use and consumption of alcoholic beverages is authorized pursuant to a license or permit issued under the Alcoholic Beverage Control Law.
The interior of the building premises of any firehouse within the Village of Massena.
The premises of any business establishment within the Village of Massena.
The interior of any building occupied for use as a church, synagogue or other house of worship.
The parks and playgrounds of the Village of Massena during the times and in accordance with the rules and regulations prepared by the Superintendent of Recreation and approved by the Recreation Commission and filed with the Village Board.
The Village of Massena, New York.
It shall be a violation of this article for any person to:
A.
Consume any alcoholic beverage on any public land within the Village.
B.
Have in his possession any open container containing any alcoholic beverage on any public lands within the Village.
C.
Have within his possession for the purposes of consumption on public lands, by either himself or another person, any open container containing an alcoholic beverage on any public lands within the Village.
An open container containing an alcoholic beverage in any vehicle shall be presumptive evidence that the same is in possession of all occupants thereof and in violation of this article.
The foregoing prohibition shall not apply nor be a violation of this article in the following circumstances:
A.
At a fair, picnic, or other community gathering for which special permission for an exception under this section has been granted by the Mayor or Board of Trustees.
B.
On the exterior grounds of any firehouse with respect to members of the Fire Department only.
C.
On the premises of a church in connection with an activity sponsored and conducted by the church.
D.
The foregoing provisions shall not apply to the transportation of an unsealed but not open container across public lands of the Village from one point to another with no intent to consume the contents of such open container while upon public lands.
This article shall apply to all persons on public lands in the Village except as provided in § 204-5 above and shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon a public highway within the Village in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.
A violation of any of the provisions contained in this article shall constitute an offense punishable by a fine of not less than $25 nor more than $50 or by imprisonment for not more than three days for each violation, except that:
A.
When the person was found to have violated any of the provisions of this article within the preceding five years, the fine may be of not less than $50 nor more than $100 or by imprisonment for not more than seven days for each violation; and
B.
When the person was found to have committed two or more such violations within the preceding five years, the fine may be of not less than $100 nor more than $250 or by imprisonment for not more than 15 days for each violation. These penalties shall be in addition to any other penalty provided by law. The Village may also seek injunctive relief to prevent the continued violation of this article.
[Adopted 5-20-2025 by L.L. No. 7-2025]
Residing in or using any public street, publicly owned or leased property, public park or other prohibited public space as determined by the Village Board of Trustees or those charged with the authority to enforce this article for living accommodations, lodging or sleeping purposes, as exemplified by remaining for prolonged or repeated periods of time (but in no instance overnight) not associated with ordinary use of the street, property, park or public place, with one's possessions or while storing one's possessions (including, but not limited to, clothing, sleeping bags, bed rolls, sheets, hammocks, or other sleeping implements, luggage, backpacks, kitchen utensils, cookware and food or beverages) cooking or consuming meals, or lodging in a parked vehicle, tent or other structure or accommodation not suited for permanent living as defined by the New York State Uniform Fire Prevention and Building Code or by any local law adopted as permitted by Executive Law § 379. These activities constitute camping when it reasonably appears, in light of all the circumstances, that a person (or group of persons) is using the public street or right-of-way or other public property or place as a living, lodging or sleeping accommodation regardless of his intent, or the nature of any other activities in which he might be engaged without a permit from the Village.
Any place not designated as a public campground pursuant to federal, state or locate statute or ordinance and shall include the following:
Public streets, sidewalks, alleyways, passageways and rights-of-way;
Publicly owned property;
Public parks;
Public parking lots, whether publicly owned or privately;
Public landscaped areas, whether publicly or privately owned and maintained pursuant to a public easement or agreement for public maintenance;
Private property that is readily accessible to the general public or is otherwise open to common general use;
Vacant lots that are readily accessible to the general public or otherwise open to common general use or that attract activity that may pose a threat to public health and safety;
Drainage culverts and basins.
Except as otherwise provided in this article, no person shall camp or lodge on a public street, including in a vehicle parked on a public street, on publicly owned or leased property, and other prohibited public places. However, nothing herein shall be construed to prohibit camping in public campgrounds pursuant to a permit or license authorized under federal, state or local statute or ordinances.
Nothing herein shall prohibit camping on special occasions or for special events provided approval is granted in accordance with the rules, regulations and fees of said regulatory authority. The Village Board of Trustees may establish and may revise rules, regulations and fees from time to time by resolution.
A.
A violation of any of the provisions contained in this article shall constitute an offense punishable by a fine of not less than $100 nor more than $250 or by imprisonment for not more than five days for each violation, except that: (i) when the person was found to have violated any of the provisions of this article within the preceding five years, the fine may be of not less than $250 nor more than $500 or by imprisonment for not more than 10 days for each violation; and (ii) when the person was found to have committed two or more such violations within the preceding five years, the fine may be of not less than $500 nor more than $750 or by imprisonment for not more than 20 days for each violation. These penalties shall be in addition to any other penalty provided by law. The Village may also seek injunctive relief to prevent the continued violation of this article.
B.
The Village of Massena reserves the right to remove and dispose of any tent, tarp, canopy, outdoor shelter, or any other items on village property that are associated with prohibited camping.
C.
Removals. The Village of Massena will post a notice at least 72 hours before the removal and the removal date shall not be more than seven days after the notice is posted. The Village shall attempt to offer public assistance programs to anyone in need of housing at the time of posting and at the time of removal.
This article shall be enforced by any officer of the Massena Village Police Department, a Village Code Enforcement Officer, County Sheriff or State Trooper. A Village Code Enforcement Officer or Village Attorney is authorized to prosecute violations of this article.