[HISTORY: Adopted by the Board of Trustees of the Village of Westbury 7-17-1997 by L.L. No. 7-1997 (Ch. 26A of the 1964 Code). Amendments noted where applicable.]
It is the purpose of this chapter to protect the public interest, welfare, health and safety within the Village of Westbury by prohibiting the consumption of alcoholic beverages in public places within the village. The Village Board finds that possession of an open or unsealed container of alcoholic beverage in a public place within the village leads to consumption of the same, resulting in public intoxication, disorderly conduct, disturbance of the public peace, littering of the public places and destruction of property. The Village Board finds, further, that the preservation of the public health and the prevention of conditions which lead to conduct disturbing the public peace which, attributable to consumption of alcoholic beverages, can be accomplished by the prohibition of consumption of alcoholic beverages in public places and by restricting the possession of an open or unsealed container of alcoholic beverages under circumstances which indicate that the possessor of such open or unsealed container in a public place intends to consume the same or intends to have it consumed by another person.
For purposes of this chapter, the following words or phrases shall have the meanings ascribed to them herein. All other words or phrases shall have the meanings normally ascribed to them in regular usage:
- ALCOHOLIC BEVERAGE
- Includes any liquor, beer, wine, spirits, cider or other liquid, patented or not, composed of or containing alcohol or spirits, whether or not brewed, fermented or distilled, and capable of being consumed by a human being.
- Any bottle, can, glass, cup or other receptacle of any kind.
- PUBLIC LAND
- Includes any public highway, street, alley, sidewalk, parking area or lot, park or playground, public building, transportation facility or any other public facility or ground, whether vacant or improved, within the incorporated boundaries of the village.
- The Village of Westbury, New York.
It shall be a violation of this chapter for any person to:
The foregoing prohibition shall not apply to consumption of an alcoholic beverage or possession for the purpose of consumption in any public place where the same is authorized by license or permit under the laws and regulations of this state and under the regulations of the village or a gathering or function for which permission has been previously granted by the appropriate governing body, board, agency or commission.
For the purposes of this chapter, the following rebuttable presumption shall apply: The possession by a person of an open or unsealed container which contains an alcoholic beverage while in or upon public land, as described in § 70-2 herein, within the village shall be presumptive evidence that said container is possessed with the intent to consume the contents thereof.
Any person or persons, association, firm or corporation who violates any of the provisions of this chapter shall be punished as follows:
For conviction of a first offense, by a fine of not less than $50 and not more than $250.
For conviction of the second of two offenses, both of which were committed within a period of three years, by a fine of not less than $100 and not more than $500.
For conviction of a third or subsequent offense of a series of offenses, all of which were committed within a period of three years, by a fine of not less than $200 and not more than $750 or by imprisonment not exceeding 15 days, or by both.