[Adopted 10-23-1989 by L.L. No. 5-1989
as Ch. 156, Art. I, of the 1989 Code; amended in its entirety 10-24-1994
by L.L. No. 20-1994]
It is the intention of the Village of Endicott as an exercise of its
police power to promote the general health, safety and welfare of the residents
of the Village by adopting this article. The Board of Trustees has found and
determined that the possession of open containers of alcoholic beverages by
persons under circumstances evincing an intent to consume the contents of
such open containers on certain public areas and the consumption of alcoholic
beverages on certain public lands, except under controlled conditions, is
detrimental to the health, safety and welfare of the residents of the Village.
Such possession and consumption contributes to the development of unsanitary
conditions, disorderly gatherings and the creation of nuisances.
For the purpose of this article, the following terms shall have the
meanings ascribed to them. All other words shall have the meaning 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.
Any public highway, roadway, street, sidewalk, park, playground,
school property or municipal parking area.
A.
No person shall have in their possession any open container
containing any alcoholic beverage on any public land within the Village under
circumstances evincing an intent to consume the contents of said container
upon such public land.
B.
No person shall consume any alcoholic beverage on any
public land within the Village.
The above prohibitions shall not apply to those public areas where or
when a permit or license has been issued by the Village of Endicott or other
appropriate agency for the public use of any public highway, street, sidewalk,
park, playground or parking area for any authorized function, including but
not limited to fairs, parades, block parties and carnivals.
Any person violating any of the provisions of this article shall be
guilty of a violation and, upon conviction thereof, shall be punishable by
a fine not exceeding $250 for each offense or imprisonment not exceeding 15
days, or both such fine and imprisonment.
