[HISTORY: Adopted by the Board of Trustees of the Village of Mamaroneck:
Art. I, 3-14-1966,[1] effective 3-22-1966; Art. II, 6-27-1983
as L.L. No. 6-1983,[2] effective 7-5-1983. Sections 92-4 and 92-9
amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Other amendments noted where applicable.]
[Adopted 3-14-1966, effective 3-22-1966]
As used in this Article, the following terms shall have the meanings
indicated:
A bottle or container the contents of which are exposed to the air
and which is not in any manner sealed.
Any person who has in his possession any open bottle or open container
containing liquor, beer, wine or other alcoholic beverages while such person
is in any vehicle on any public street in the Village of Mamaroneck or is
in any vehicle parked in any public parking area in the Village of Mamaroneck
shall be guilty of a violation of this Article.
The presence in an automobile of an open bottle or open container containing
liquor, beer, wine or other alcoholic beverages is presumptive evidence of
its possession by all persons occupying such automobile at the time such open
bottle or open container is found, except under the following circumstances:
A.
If such open bottle or open container is found upon the
person of one (1) of the occupants therein.
B.
If such open bottle or open container is found in an
automobile which is being operated for hire by a duly licensed driver in the
due lawful and proper pursuit of his trade, then such presumption shall not
apply to the driver, unless the driver has such open bottle or open container
upon his person.
[Amended 3-23-1987 by L.L. No. 5-1987,
effective 4-2-1987]
A violation of this Article shall constitute an offense punishable by
a fine not exceeding two hundred fifty dollars ($250.) or by imprisonment
for fifteen (15) days, or by both such fine and imprisonment.
[Adopted 6-27-1983 as L.L. No. 6-1983,
effective 7-5-1983]
For the purpose of this Article, the following shall have the meanings
ascribed to them. All other words shall have the meanings normally ascribed
to them in regular usage.
Includes 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 highway, street, sidewalk, park or playground.
The Village of Mamaroneck.
It shall be a violation of this Article for any person to:
A.
Consume any alcoholic beverage on any public land within
the village.
B.
Have in his possession any open container containing
any alcoholic beverage on any public lands within the village.
C.
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.
A.
The foregoing prohibitions shall not apply in the event
of a fair, picnic or other community gathering for which special permission
has been granted by the village.
B.
The foregoing prohibitions shall not apply 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 Article shall apply to all persons on public lands in the village, except as provided in § 92-7 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 3-23-1987 by L.L. No. 5-1987,
effective 4-2-1987]
Each violation of this Article shall be punishable by a fine not exceeding
two hundred fifty dollars ($250.) or by imprisonment for fifteen (15) days,
or both.
