[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:
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.
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:
A.
For conviction of a first offense, by a fine of not less
than $50 and not more than $250.
B.
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.
C.
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.
