[HISTORY: Adopted by the Board of Trustees of the Village of Atlantic
Beach 6-27-1983 by L.L. No. 2-1983. Amendments
noted where applicable.]
It is the intent of the Village of Atlantic Beach, 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 chapter, since it
is the finding of the Board of Trustees 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 that this chapter 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 shall have the meanings
ascribed to them. All other words shall have the meanings normally ascribed
to them in regular usage.
Alcohol, spirits, liquor, wine, beer, cider and every liquid or solid,
patented or not, containing alcohol, spirits, wine or beer and capable of
being consumed by a human being.
Any bottle, can, glass or other receptacle suitable for, or used
to hold, any liquid.
Includes any of the following:
[Added 2-9-1998 by L.L. No. 1-1998]
A.
Drinking from the container.
B.
Possession with movement of the container to the mouth.
C.
OPEN CONTAINER
PUBLIC LANDS
VILLAGE
Any circumstances evidencing an intent to ultimately
consume on any public lands.
A container not (or no longer) securely capped, corked or sealed,
and includes a can or similar container which has been perforated or a container
on which the secure capping, sealing or corking (normally provided by the
manufacturer of the alcoholic beverage) has been disturbed, as would be exemplified
by containers on which the cap has been loosened or the cork displaced or
the seal torn or mutilated.
[Amended 2-9-1998 by L.L. No. 1-1998]
Any highway, street, sidewalk, park, playground or beach.
[Amended 3-8-2004 by L.L. No. 1-2004]
The area within jurisdiction of the Village.
A.
It shall be a violation of this chapter for any person
to:
(1)
Consume any alcoholic beverage on any public land within
the Village.
(2)
Have in his possession any open container containing
any alcoholic beverage on any public lands within the Village with the intent
to consume.
[Amended 2-9-1998 by L.L. No. 1-1998]
(3)
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.
B.
All alcoholic beverages of any kind, at any time will
not be allowed on the beach or park property within the confines of the Village
of Atlantic Beach. All alcoholic beverages of any form, closed or open container,
will be judged for consumption or with the intent to consume.
The foregoing prohibition shall not apply:
A.
In the event of a fair, picnic or other community gathering
for which special permission has been granted by the Village.
B.
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 chapter shall apply to all persons on public lands in the Village, except as provided in § 48-4 above, and shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon any public highway within the Village in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.
[Amended 2-9-1998 by L.L. No. 1-1998]
Each violation of this chapter shall be punishable by a fine not exceeding
$500 or imprisonment for 15 days, or both, for each offense.
