[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]
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.
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.
