The Common Council of the City of Oswego finds that the possession
or consumption of alcoholic beverages in public streets and public
places, except under certain conditions, is detrimental to the health,
safety and welfare of the residents of the City of Oswego, causes
unsightly and unsanitary conditions and creates a nuisance.
For the purpose of this chapter, the following terms shall have
the meanings herein ascribed to them; all other words shall have the
meanings normally ascribed to them.
Any beer, wine, liquor, spirits, cider or other liquid or
solid, patented or not, composed of or containing alcohol or spirits,
whether or not brewed, fermented or distilled, and capable of being
consumed by a person as more specifically defined by the New York
State Alcoholic Beverage Control Law; except that confectionary containing
alcohol as provided in Subsection 12 of 200 Agriculture and Markets
Law shall not be considered alcoholic beverage within the meaning
of this chapter.
Any bottle, can, glass bottle or receptacle suitable for
or used to hold any liquid.
The actual or apparent authority and ability to regulate,
direct or dominate private premises, including but not limited to
the control exercised by tenants, lessees, owners and/or landlords
who have noticed drinking on their premises.
Means and includes any substance listed in Section 3306 of
the Public Health Law, and any synthetic drug as further defined within
this chapter.
Any person under the age of 21.
A social gathering or otherwise, at a residence or other
private property with minors present.
A human being and, where appropriate, a public or private
corporation, an unincorporated association, a partnership, a government
or a governmental instrumentality.
Any highway, street, park, sidewalk, cemetery, playground,
parking area, school ground, exterior premises and adjoining property
of any building duly licensed to sell alcoholic beverages within the
building.
Any home, apartment, condominium, cooperative unit or other
dwelling unit of any kind, including yards and open areas adjacent
thereto.
Means the following:
Any product, whether described as tobacco, potpourri, herbs,
incense, spice, aromatic, bath salts, synthetic marijuana, synthetic
stimulant or any combination thereof, and whether marketed for the
purpose of being ingested or otherwise marketed, which includes, but
is not limited to, one or more of the following hallucinogenic substances:
1-pentyl-3-(1-naphthoyl) indole; some trade or other names:
JWH-018;
J-butyl-3-(1-naphthoyl) indole; some trade or other names: JWH-073;
1-[2-(4-morpholinyl) ethyl]-3-(1-naphthoyl) indole; some trade
or other names: JWH-200;
5-(1, 1-dimethyloctyl)-2-[(1R, 3S)-3-hydroxycyclohexyl]-phenol;
some trade or other names: CP-47,497;
5-(1, 1-dimethylcictyl)-2-[(1R, 3S)-3-hydroxycyclohexyl]-phenol;
some trade or other names: cannabicyclohexanol; CP-47,497, CS homologue;
4-methylmethcathinone (mephedrone);
3, 4-methylenedioxypyrovalerone (MDPV);
3, 4-methylenedioxymethcathinone, commonly known as "methylone";
3-methoxymethcathinone;
3-fluoromethcathinone; or
4-fluoromethcathinone.
Any substance prohibited in an order for summary action in the
matter of the sale and distribution of synthetic cannabinoids issued
by the New York State Department of Health dated March 28, 2012, and
any similar order subsequently issued by the State of New York Department
of Health.
Any substance prohibited under federal law pursuant to the Synthetic
Drug Abuse Prevention Act of 2012.
Any synthetic drug analog, which shall mean a substance containing
the following:
The chemical structure of which is substantially similar to
the chemical structure of the synthetic drug as described above; or
Which has a stimulant, depressant, or hallucinogenic effect
on the central nervous system that is substantially similar to or
greater than the stimulant, depressant, or hallucinogenic effect on
the central nervous system of a synthetic drug as described above;
or
Which such person represents or intends to have a stimulant,
depressant, or hallucinogenic effect on the central nervous system
that is substantially similar to or greater than the stimulant, depressant,
or hallucinogenic effect on the central nervous system of a synthetic
drug as described above.
In order to prevent the creation, possession and use of the
drug commonly known as "water," the unauthorized use of embalming
fluid or similar compounds is hereby prohibited within the City of
Oswego with such unauthorized use of embalming fluid or similar item
defined herein and pursuant to § 3400 of the New York State
Public Health Law and any applicable provision of federal law. For
the purposes of this chapter, "embalming fluid" means any chemicals
or substances manufactured primarily for use by licensed funeral directors,
undertakers or embalmers, or registered residents, to prepare, disinfect
or preserve, either hypodermically, arterially or by any other recognized
means, the body of a deceased person for burial, cremation or other
final disposition. In particular, such unauthorized use shall include
dipping a marijuana or regular cigarette in embalming fluid.
For the purposes of this chapter, it shall be presumed that
any alcoholic beverages, spirits, liquor, wine, beer or other alcoholic
beverages which are commercially prepared and sold under a brand name
contain more than 3.2% alcohol by volume. This presumption shall be
rebuttable.
No person shall have, possess, carry or transport, with the
intent of the possessor or another to consume or drink from, any open
bottle or other open container containing liquor, wine, beer or any
other alcoholic beverage in or upon any public sidewalk, street, highway,
parking lot, public park or other public lands or in any vehicle upon
such areas in the City of Oswego.
It shall not be a prohibited act for persons in groups of five
or less to possess, carry or transport, with the intent of the possessor
or another to consume or drink from, any open bottle or other open
container containing liquor, wine, beer or any other alcoholic beverage
in the Breitbeck Park Area, the Wright's Landing Picnic Area or the
Fort Ontario Picnic Area.
If any individual or organization desires to distribute or consume
alcoholic beverages on public property in the City of Oswego, said
individual or organization must apply to the Chief of Police or his
duly authorized representative for a permit therefor on or before
the date scheduled for dispensing such beverages. No fee shall be
charged for the granting of said permit, and said permit shall be
issued only upon the following conditions:
A.
Such individual or organization, by its duly authorized officer,
must agree, in writing, to assume full responsibility for supervising
the conduct of the group of individuals benefiting from such permit
and to properly clean up the premises after use.
B.
Such individual or organization must further agree, in writing, that
adequate precautions shall be taken to ensure that minors will not
be served alcoholic beverages at the permitted event or gathering.
C.
No alcoholic beverages shall be consumed other than on the specific
premises described in the permit, and only during the time stated
therein.
D.
No permit shall be issued to any individual or organization which
has previously been issued a permit and has failed to comply with
the provisions hereof.
E.
Permit applicants with outstanding violations or unpaid monies.
(1)
No such permit shall be granted to or renewed for an applicant who
is in violation of any City of Oswego code, ordinance or local law
(hereinafter "violations") or who owes property taxes, water or sewer
fees, special assessments, fines for violations of City ordinances
or any other fees or past due monies of any name or nature owed to
the City of Oswego (hereinafter "unpaid monies").
(a)
The applicant shall have the burden of providing proof in a
form acceptable to the department that there are no such violations
or unpaid monies.
(b)
In the event that the applicant has accrued violations or unpaid
monies, such permit or renewal thereof shall be denied regardless
of whether such violations or unpaid monies relate to a parcel of
real property for which the application is made or another parcel
owned by applicant or are personal to the applicant.
(c)
In the event that the applicant has accrued violations or unpaid
monies, such permit or renewal thereof shall be denied regardless
of whether such violations or unpaid monies occurred or accrued before
the effective date of this chapter.
(d)
Such permit, once granted, shall be revoked in the event that
the applicant accrues violations or unpaid monies, or violations or
unpaid monies are discovered, after the permit is granted. The revocation
shall take effect five business days after receipt by the permit holder
of notice from the City of Oswego of the pending revocation. Upon
such revocation, all permitted activities and privileges shall immediately
cease.
(e)
No application fees shall be refunded upon revocation of the
permit.
(f)
The applicant must reapply for the issuance of such revoked
permit by submitting a new application and paying all necessary application
fees, and any such permitted activities or privileges may only be
resumed once a new permit has been granted.
(g)
All requirements set forth herein shall also apply to nonperson
entities and such permit or renewal thereof shall be denied to an
entity, or revoked, if a person with a substantial interest in such
entity owes such unpaid monies or has accrued such violations. A "person
with a substantial interest" shall mean an ownership interest of more
than 10% of, membership on the governing board of, holding an office
in or holding the ability to castor control more than 10% of the votes
in such entity.
(2)
Notwithstanding the provisions contained in this section to the contrary,
when in the opinion of the Director of Code Enforcement the issuance
of a permit is necessary to prevent harm to life, safety, or the general
welfare of the public, the Director of Code Enforcement shall be authorized
to issue said permit for the sole and exclusive purpose of bringing
such violations into compliance with the Code of the City of Oswego.
Nothing contained herein shall relieve the property owner from complying
with all other applicable sections of the Code including, without
limitation, the provisions contained in this section.
The violation of any of the provisions of this article shall
be punishable by a maximum fine of $250 or by imprisonment for 15
days, or by both such fine and imprisonment, or such other penalties
pursuant to the Penal Law of the State of New York: Each day any violation
shall continue shall constitute a separate violation.
