Town of Henrietta, NY
Monroe County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Henrietta 6-2-1982 by L.L. No. 1-1982. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages in parks — See Ch. 187.
A. 
The Town of Henrietta by and through its Town Board and pursuant to the authority vested in the Board by the New York State Municipal Home Rule Law and other statutes hereby enacts this chapter for the consumption and drinking of beer and other alcoholic beverages in public areas and prohibiting the possession with intent to consume of any open bottle or container containing beer and other alcoholic beverages in public areas within the town limits of the Town of Henrietta.
[Amended 6-20-2001 by L.L. No. 3-2001]
B. 
The Town Board of the Town of Henrietta finds that the uncontrolled consumption and drinking of beer and other alcoholic beverages in public areas is detrimental to the good order, protection, health, safety and well-being of its residents and tends to create unsightly and unsanitary conditions and creates a nuisance.
[Added 6-20-2001 by L.L. No. 3-2001]
As used in this chapter, the following terms shall have the meanings indicated:
INTENT TO CONSUME
Drinking from the container, with alcohol on the breath of the possessor and/or any circumstances evidencing an intent to ultimately consume on any public lands.
OPEN CONTAINER
A container with the contents exposed to the atmosphere or the seal thereof broken.
[Amended 6-20-2001 by L.L. No. 3-2001]
No person shall have in his possession with intent to consume an open bottle or container containing liquor, beer, wine or other alcoholic beverages while such person is on any sidewalk, public highway, public street or public parking area, and, in addition to the foregoing areas, "public place" shall also mean a place to which the public or a substantial group of persons has access and includes, but is not limited to, highways, transportation facilities, schools, places of amusement, parks, playgrounds, shopping centers and parking lots in connection therewith and except those premises duly licensed for the sale and consumption of alcoholic beverages on the premises.[1]
[1]
Editor's Note: Former § 3, Possession in vehicles, which immediately followed this section, was deleted 6-20-2001 by L.L. No. 3-2001.
No person shall leave a bottle in any area provided hereinabove other than in a receptacle specifically designated for the deposit of trash.
[Amended 6-20-2001 by L.L. No. 3-2001]
A violation of this chapter shall constitute an offense, and the person violating this chapter, upon conviction thereof, shall be fined a minimum of $100 up to a maximum fine of $250 or imprisoned for a period not to exceed 15 days, or both.
This chapter shall be enforced by the Monroe County Sheriff's Department and the New York State Police Department.