[HISTORY: Adopted by the Board of Trustees
of the Village of Wappingers Falls 11-13-1985 by L.L. No. 8-1985. Amendments noted where applicable.]
This chapter shall supersede and take the place
of the provisions of Local Law No. 1 of the year 1976, as amended
by Local Law No. 8 of the year 1984.
The Village of Wappingers Falls recognizes that
the consumption of alcoholic beverages and the possession of open
containers of alcoholic beverages, with the intent to consume the
same, in public places must be adequately controlled so as to prevent
public disorder, nuisances, littering and other acts and conditions
detrimental to the health, safety and welfare of the residents of
the village, and this chapter is intended to provide such control
and regulation.
As used herein, the following words shall have
the meanings below set forth:
Includes all such beverages as defined in § 3 of
the Alcoholic Beverage Control Law of the State of New York.
Any other bottle, can, glass, cup or similar receptacle suitable
for or used to hold only liquid.
Any place to which the public or a substantial group of persons
has access and includes, but is not limited to, any street, highway,
sidewalk, park, playground, lobby, school or parking lot. For the
purpose of this chapter, "parking lot" shall mean any area or areas
of private property near or contiguous to and provided in connection
with premises having one (1) or more stores or business establishments
and used by the public as a means of access to and egress from such
stores and business establishments.
The incorporated Village of Wappingers Falls, New York, as
its boundaries now are or may hereafter become fixed and determined.
No person shall consume an alcoholic beverage
in any public place within the village and no person shall have in
his or her possession in any public place within the village any open,
unsealed, resealed or partially empty container containing an alcoholic
beverage, with the intent to consume the contents of the same.
The foregoing prohibition shall not apply in
the event of a fair, picnic or other community gathering for the conduct
of which special permission has been granted by the village. Also
excluded are those public places wherein the use or consumption of
alcoholic beverages is authorized pursuant to the Alcoholic Beverage
Control Law.
Any open, resealed or partially empty container
containing an alcoholic beverage found in any parked or standing vehicle
shall be presumptive evidence that the same is in the possession of
all occupants of said vehicle; provided, however, that the provisions
of this chapter shall not apply to any person drinking an alcoholic
beverage while operating a motor vehicle upon a public highway in
violation of § 1227 of the Vehicle and Traffic Law of the
State of New York.
Possession of an open, unsealed, resealed or
partially empty container of an alcoholic beverage shall be presumptive
evidence of intent to consume the same.
[Amended 2-12-1997 by L.L. No. 3-1997]
Each violation of this chapter shall constitute
a violation as defined in the Penal Law of the State of New York and
shall be punishable by fine of not more than two hundred fifty dollars
($250.) or imprisonment for a period not exceeding 15 days, or both.
