[HISTORY: Adopted by the Town Board of the Town of Huntington 6-14-1983 by L.L. No. 5-1983.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholism Advisory Board — See Ch. 3.
Recreational facilities — See Ch. 159.
[1]
Editor's Note: This local law also repealed former Ch. 76, Alcoholic Beverages, adopted 5-8-1979 by L.L. No. 11-1979.
The Town Board of the Town of Huntington hereby declares and finds it to be in the public interest to provide for the regulation of certain conduct in public places within the Town of Huntington by prohibiting the possession of open containers of alcoholic beverages by persons on public premises with the intent to consume the contents of same, except as permitted herein.
As used in this chapter, the following terms shall have the meanings indicated:
NONRECLOSABLE OPEN CONTAINERS
Any open bottle, can or container containing liquor, beer, wine or other alcoholic beverage, as the same is defined by the Alcoholic Beverage Control Law of the State of New York, which cannot be reclosed once it has been opened, such as but not limited to pop-top type cans, the nonreclosable nature of which shall be presumptive evidence that the person possessing such an open container does so with the intent to consume the contents of same.
OPEN CONTAINERS
Any open bottle, can or container containing liquor, beer, wine or other alcoholic beverage, as the same is defined by the Alcoholic Beverage Control Law of the State of New York.
(A) 
No person shall possess, carry or transport any open container, as defined herein by § 76-2 of the Town Code, with the intent to consume the contents of same, nor shall any person consume the contents of same while such person is in or upon any public highway, public street, public sidewalk, public parking area, public park, recreation area, building or any other public area, or in any vehicle in or upon any of the aforementioned places, except as permitted by § 159-18A or § 76-5 herein of the Town Code or on those premises duly licensed for the sale and consumption of alcoholic beverages on the premises.
(B) 
Any open container, as defined herein by § 76-2 of the Town Code, in a vehicle or automobile shall be presumptive evidence that the same is in the possession of all occupants of the vehicle or automobile.
(A) 
No person shall possess, carry or transport any nonreclosable open container, as defined herein by § 76-2 of the Town Code, the nonreclosable nature of which shall be presumptive evidence of the intent to consume the contents of same, nor shall any person consume the contents of same while such person is in or upon any public highway, public street, public sidewalk, public parking area, public park, recreation area, building or any other public area, or in any vehicle in or upon any of the aforementioned places, except as permitted by § 159-18A or § 76-5 herein of the Town Code or on those premises duly licensed for the sale and consumption of alcoholic beverages on the premises.
(B) 
Any nonreclosable open container, as defined herein by § 76-2 of the Town Code, in a vehicle or automobile shall be presumptive evidence that the same is in the possession of all occupants of the vehicle or automobile.
This chapter shall not apply to individuals or organizations desiring to distribute or consume alcoholic beverages in public places, provided that written permission is obtained in advance from the Town Board of the Town of Huntington. Such permission may be conditioned upon such terms as the Town Board in its discretion may impose.
[Amended 5-9-2017 by L.L. No. 15-2017; 11-6-2019 by L.L. No. 56-2019; 9-14-2021 by L.L. No. 50-2021]
Any person found guilty of violating this article shall be subject to a fine of not less than twenty five ($25.) dollars and not more than one-hundred ($100.) dollars for a conviction of a first offense; upon a conviction of a second offense, committed within five (5) years of the first offense, a fine of not less than one-hundred ($100.) dollars and not more than two hundred and fifty ($250.) dollars; and upon a conviction of a third or subsequent offense, committed within five (5) years of the first offense, a fine of not less than two-hundred and fifty ($250.) dollars and not more than five hundred ($500.) dollars, or by imprisonment not exceeding ten (10) days, or by both such fine and imprisonment. any person found by the Bureau of Administrative Adjudication to have violated this chapter shall likewise be subject to a monetary penalty in an amount within the range of fines authorized herein for a first offense and subsequent offenses, respectively.
Should any section or provision of this chapter be judicially declared unconstitutional or invalid, such decision shall not affect or impair the validity of this chapter as a whole or any part thereof other than the particular provision so declared to be unconstitutional or invalid.