[HISTORY: Adopted by the Board of Trustees of the Village of Morrisville: Art. I, 11-9-1967 (Art. VIII, Sec. 8.7, of the 1958 Code of Ordinances), amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I); Art. II, 2-10-1994 as L.L. No. 1-1994. Subsequent amendments noted where applicable.]
[Adopted 11-9-1967 (Art. VIII, Sec. 8.7 of the 1958 Code of Ordinances); amended in its entirety at time of adoption of Code]
No person shall drink alcoholic beverages or carry open containers of alcoholic beverages with intent to consume such beverages on any public street or sidewalk in the Village of Morrisville.
Violation of this Article shall be punishable by a fine of not exceeding two hundred fifty dollars ($250.) or imprisonment not exceeding fifteen (15) days, or by both such fine and imprisonment.
[Adopted 2-10-1994 as L.L. No. 1-1994]
Except as hereinafter provided, no person under the age of twenty-one (21) years shall possess within the Village of Morrisville any alcoholic beverage, as defined in the New York Alcoholic Beverage Control Law, with the intent to consume such beverage.
A person under the age of twenty-one (21) years may possess any alcoholic beverage with intent to consume if the alcoholic beverage is given to:
A person who is a student in a curriculum licensed or registered by the State Education Department and the student is required to taste or imbibe alcoholic beverages in courses which are a part of the required curriculum, provided that such alcoholic beverages are used only for instructional purposes during class conducted pursuant to such curriculum; or
The person under twenty-one (21) years of age by that person's parent or guardian.
Any person who unlawfully possesses an alcoholic beverage with intent to consume may be summoned before and examined by the Village of Morrisville Justice Court; provided, however, that nothing contained herein shall authorize or be construed to authorize a peace officer as defined in Subdivision 33 of § 1.20 of the New York Criminal Procedure Law or a police officer as defined in Subdivision 34 of § 1.20 of such law to arrest a person who unlawfully possesses alcoholic beverage with intent to consume. If a determination is made sustaining such charge, the court may impose a fine not exceeding fifty dollars ($50.) and/or completion of an alcohol awareness program established pursuant to § 19.09, Subdivision (g), of the New York Mental Hygiene Law.
No such determination shall operate as a disqualification of any such person subsequently to hold public office, public employment or as a forfeiture of any right or privilege or to receive any license granted by public authority; and no such person shall be denominated a criminal by reason of such determination, nor shall such determination be deemed a conviction.
Whenever a peace officer as defined in Subdivision 33 of § 1.20 of the New York Criminal Procedure Law or police officer as defined in Subdivision 34 of § 1.20 of the New York Criminal Procedure Law shall observe a person under twenty-one (21) years of age openly in possession of an alcoholic beverage as defined in this Article with the intent to consume such beverage in violation of this Article, said officer may seize the beverage, and shall deliver it to the custody of his or her Department.
Any alcoholic beverage seized in violation of this Article is hereby declared a nuisance. The official to whom the beverage has been delivered shall, no earlier than three (3) days following the return date for initial appearance on the summons, dispose of or destroy the alcoholic beverage seized or cause it to be disposed of or destroyed. Any person claiming ownership of an alcoholic beverage seized under this Article may, on the initial return date of the summons or earlier on five (5) days' notice to the official or Department in possession of the beverage, apply to the court for an order preventing the destruction or disposal of the alcoholic beverage seized and ordering the return of that beverage. The court may order the beverage returned if it is determined that return of the beverage would be in the interest of justice or that the beverage was improperly seized.