[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:
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.
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.
A.
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.
B.
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.
