[HISTORY: Adopted by the Board of Trustees
of the Village of Woodsburgh 3-24-2008 by L.L. No. 2-2008.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also provided
that its provisions shall not in any way affect the application of
any other law, wherever appropriate, including but not limited to
New York Penal Law § 260.10 (endangering the welfare of
a minor) and § 260.20(3) (unlawfully dealing with a child).
The Board of Trustees of the Village of Woodsburgh
finds that underage drinking is a significant societal problem that
has general widespread concern in the Village of Woodsburgh. Although
the New York State legislature has acted to proscribe the unlawful
giving, selling and possessing of alcohol in relation to minors, it
has not regulated situations in which a person 18 years of age or
older knowingly permits the consumption of alcohol by a minor in his
or her home. The consumption of alcohol by underage persons, whether
at a party or a smaller gathering, poses an immediate threat to the
public health, safety and welfare of the residents of Woodsburgh,
often leading to alcohol abuse by minors, physical altercations, accidental
injuries, neighborhood vandalism, excessive noise disturbances requiring
the intervention of local law enforcement and the commission of violent
crimes including sexual offenses and serious assaults. This chapter
is intended to deter the consumption of alcoholic beverages by minors
by holding those 18 years of age or older responsible when they permit
the consumption of alcoholic beverages by minors in violation of the
provisions of this chapter.
As used in this chapter, unless the context
clearly indicates otherwise, the following words shall have the following
meanings:
Ethyl alcohol, hydrated oxide of ethyl or spirits of wine,
from whatever source or by whatever means produced.
Any liquor, wine, beer, 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, except that confectionary containing alcohol
as provided by Subdivision 12 of § 200 of the New York State
Agriculture and Markets Law shall not be regarded as an alcoholic
beverage within the meaning of this section.
Aware of, or having reason to be aware of, the consumption
of alcohol by a minor.
Any person under the age of 21.
Any home, apartment, condominium, cooperative unit or other
dwelling unit of any kind, including yards and open areas adjacent
thereto.
A.Â
It shall be unlawful for any person 18 years of age
or older who owns, rents or otherwise is in control of a private residence
to knowingly allow the consumption of alcohol or alcoholic beverages
by any minor on such premises or to fail to take reasonable corrective
action upon learning of the consumption of alcohol or alcoholic beverages
by any minor on such premises. Reasonable corrective action pursuant
to this subsection shall include, but not be limited to:
(1)Â
Making a prompt demand that such minor either forfeit
and refrain from further consumption of the alcoholic beverages or
depart from the premises; and
(2)Â
If such minor does not comply with such request, either
promptly reporting such underage consumption of alcohol to the local
law enforcement agency or to any other person having a greater degree
of authority over the conduct of such minor.
A violation of this chapter shall constitute
an offense. Each first offense, and each subsequent offense, shall
be punished as follows:
A.Â
First offense. Any person who violates this chapter
shall be punished by a fine not less $500 where such violation constitutes
the person's first offense in violation of this chapter within a period
of 12 months.
B.Â
Second offense. Any person who violates this chapter
shall be punished by a fine not less than $750 and not more than $1,000,
where such violation constitutes the person's second offense in violation
of this chapter within a period of 12 months.
C.Â
Third and subsequent offenses. Any person who violates
this chapter shall be punished by either a fine of at least $1,000
and not more than $1,500, a term of imprisonment not to exceed 15
days, or both such fine and imprisonment, where such violation constitutes
the person's third or subsequent violation of this chapter within
a period of 12 months.