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.
ALCOHOLIC BEVERAGE
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.
CONTAINER
Any bottle, can, glass or other receptacle suitable for, or used
to hold, any liquid.
A. Drinking from the container.
B. Possession with movement of the container to the mouth.
C. Any circumstances evidencing an intent to ultimately
consume on any public lands.
OPEN CONTAINER
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]
PUBLIC LANDS
Any highway, street, sidewalk, park, playground or beach.
[Amended 3-8-2004 by L.L. No. 1-2004]
VILLAGE
The area within jurisdiction of the Village.
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.