[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[1]]
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.
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
B.
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.
