[HISTORY: Adopted by the Board of Trustees of the Village of Fishkill 8-11-1980 as L.L. No. 1-1980. Amendments noted where applicable.]
The Village of Fishkill recognizes that possession of open containers of alcoholic beverages in public places must be adequately controlled so as to prevent public disorder, nuisances, littering and other acts and conditions detrimental to the health, safety and welfare of the residents of the village, and this chapter is intended to provide such control and regulation.
As used herein, the following words shall have the meanings below set forth:
- ALCOHOLIC BEVERAGE
- Includes all such beverages as defined in § 3 of the Alcoholic Beverage Control Law of the State of New York.
- Any bottle, can, glass, cup or similar receptacle suitable for or used to hold any liquid.
- PUBLIC PLACE
- Any highway, street, sidewalk, park, playground or any other place to which the public or a substantial group of persons has access, but excluding those public places wherein the use and consumption of alcoholic beverages is authorized pursuant to a license or permit issued under the Alcoholic Beverage Control Law.
- The Incorporated Village of Fishkill, New York, as its boundaries now are or may hereafter become fixed and determined.
No person shall have in his or her possession in any public place within the village any open, resealed or partially empty container containing an alcoholic beverage.
The foregoing prohibition shall not apply in the event of a fair, picnic or other community gathering for the conduct of which special permission has been granted by the village.
Any open, resealed or partially empty container containing an alcoholic beverage found in any parked or standing vehicle shall be presumptive evidence that the same is in the possession of all occupants of said vehicle; provided, however, that the provisions of this chapter shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon a public highway in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.
[Amended 2-13-1984 by L.L. No. 18-1984]
Each violation of this chapter shall constitute a violation as defined in the Penal Law of the State of New York and shall be punishable by a fine of not more than $250 or by imprisonment for a term of not more than 15 days, or by both such fine and imprisonment.