[HISTORY: Adopted by the Town Board of the Town of Pleasant Valley 8-15-2001 by L.L. No. 8-2001. Amendments noted where applicable.]
It is the intent of the Town of Pleasant Valley, Dutchess County, State of New York, as an exercise of its police power to promote the general health, safety and welfare of the residents of the Town by enacting this chapter, since it is the finding of the Town Board that the consumption of alcoholic beverages and/or the possession of open containers of alcoholic beverages by persons on public premises, except under controlled conditions, is detrimental to the health, safety and welfare of the residents of the Town and contributes to the development of unsanitary conditions and the creation of nuisances. It is further the intent of the Town Board that this chapter not be considered as a traffic regulation insofar as it relates to motor vehicles or the operation thereof.
No person shall have, possess, carry or transport any liquor, wine, beer or other alcoholic beverage in an open bottle or other open container in or upon any public sidewalk, street, lane, highway, building, parking lot, park or recreation area or other public property or in any vehicle upon such area within the Town. No person shall drink or otherwise consume any liquor, wine, beer or other alcoholic beverage in or upon any of the aforesaid public areas or property within the Town.
If any individual or organization desires to have, distribute or consume alcoholic beverages on public property in the Town, said individual or organization must apply to the Town Board of Pleasant Valley or its duly authorized representatives for a permit therefor at least five days prior to the next regularly scheduled Town Board meeting for using such beverages. No fee shall be charged for the granting of said permit.
A permit shall be issued only upon the following conditions:
Such individual or organization, by its duly authorized officer, must agree, in writing, to assume full responsibility for supervising the conduct of the group or individuals benefiting from such permit, holding the Town harmless of any damage, injury or other liability arising from the occasion, and must demonstrate the ability to assume financial responsibility for such liability to the extent as may be established by the Town Board. In addition, such individual or duly authorized officer must agree to properly clean up and restore the premises after use to their prior condition.
Such individual or organization must further agree, in writing, that adequate precautions shall be taken to ensure that minors will not be served or allowed to consume alcoholic beverages at the permitted event or gathering.
No alcoholic beverages shall be distributed or consumed other than on the specific premises described in the permit and only during the time stated therein.
No permit shall be issued to any individual or organization which has previously been issued a permit and has failed to comply with the provisions hereof unless, in the case of an organization, there is evidence of substantial change in the makeup of the body of officers and membership.
No person shall discard alcoholic or other beverage containers upon or from any public sidewalk, street, lane, highway, parking lot, park or recreation area or other public property within the Town, except in a manner and place expressly sanctioned by the Town.
The violation of any provision of this chapter shall be punishable by a fine of no less than $100 and not to exceed $250. Each day any violation continues shall constitute a separate violation.