[HISTORY: Adopted by the Hamburg Town Board 7-13-1970 by L.L. No. 13-1970; amended in its entirety 6-28-1982 by L.L. No. 3-1982. Subsequent amendments noted where applicable.]
[Amended 6-10-1985 by L.L. No. 5-1985; 6-22-2015 by L.L. No. 6-2015]
The Town Board of the Town of Hamburg hereby finds and declares it to be in the public interest to provide for the regulation of certain conduct in public places within the town and to regulate the hours on certain town-owned property. It is the purpose of this chapter to protect the public interest, welfare, health and safety within the Town of Hamburg by prohibiting the consumption of alcoholic beverages in public places within the town. The Town Board finds that possession of an open container of alcoholic beverage in a public place has led to consumption of the same, resulting in public intoxication, disorderly conduct, disturbances of the public peace, littering and destruction of property. The Town Board further finds that the prevention of those conditions which lead to conduct disturbing the public peace and which are attributable to consumption of alcoholic beverages in public places 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. The Town Board of the Town of Hamburg further finds and recognizes the potential adverse impact on the health, safety and general welfare of the residents of the Town of Hamburg and to Town-owned property by the unregulated use of motor vehicles, minibikes, mopeds, snowmobiles, all-terrain vehicles and all other motorized recreational vehicles on Town-owned property and therefore deems it appropriate to regulate the use of said vehicles on Town-owned property.
[Amended 5-26-1983 by L.L. No. 3-1983; 6-10-1985 by L.L. No. 5-1985]
A. 
No alcoholic beverages shall be allowed in town parks and town playgrounds without prior consent of the Town Board and a permit issued by the Recreation Department.
B. 
No activities shall be conducted and no persons shall be allowed in town parks and town playgrounds without the prior consent of the Town Board, except during the hours prescribed herein.
C. 
The hours of all town parks and playgrounds other than the Town Beach Park (to include the Town Fitness Center), Town Golf Course and the Lake View Road Recreation Area (NIKE) shall be from 10:00 a.m. until one hour after sunset.
[Amended 6-17-1996 by L.L. No. 5-1996]
D. 
The hours of the Town Beach Park (to include the Town Fitness Center) shall be from 5:00 a.m. to 10:00 p.m. Swim hours at the Town Beach Park shall be from 11:00 a.m. until 8:00 p.m. Boaters launching boats at the Town Boat Launch are exempt from these hours.
[Added 6-17-1996 by L.L. No. 5-1996]
E. 
The hours of the Lake View Road Recreation Area (NIKE) shall be from 5:00 a.m. until 1/2 hour after the last ballgame has concluded.
[Added 6-17-1996 by L.L. No. 5-1996]
F. 
The hours of the Town Golf Course shall be as follows:
[Added 6-17-1996 by L.L. No. 5-1996]
(1) 
Monday, 9:00 a.m. until 1/2 hour after sunset;
(2) 
Tuesday through Friday, 7:00 a.m. until 1/2 hour after sunset;
(3) 
Saturday, Sunday and holidays, 6:30 a.m. until 1/2 hour after sunset; or
(4) 
As scheduled by the Town Recreation Department.
As used in this chapter, the following terms shall have the meanings indicated:
ALCOHOLIC BEVERAGE
Any beverage so defined by the Alcoholic Beverage Control Law of the State of New York.
CONTAINER
Any bottle, can, cup or glass or other receptacle suitable or used to hold any liquid.
DULY LICENSED
That the premises have a license or permit issued under the Alcoholic Beverage Control Law or under the provisions of this chapter.
MOTOR VEHICLE
All such vehicles as defined in the Vehicle and Traffic Law of the State of New York and, in addition thereto, minibikes, mopeds, snowmobiles, all-terrain vehicles and all other motorized recreational vehicles.
[Added 6-22-2015 by L.L. No. 6-2015]
PUBLIC PLACE
A place to which the public or a substantial group of persons regularly has access, including but not limited to highways, streets, roads, alleys, sidewalks, parking lots, shopping areas, malls, playgrounds, parks, recreation facilities, town facilities and hallways and lobbies and other portions of apartment houses and hotels and motels not constituting rooms or apartments designed for actual residence. Excluded from the definition of a "public place" are those premises duly licensed for the sale and consumption of alcoholic beverages on the premises or within and on private property not a "public place" as defined above.
TOWN PROPERTY
All real property owned by the Town of Hamburg, including all property over which the Town of Hamburg has a temporary or permanent easement, excepting therefrom any property rights-of-way or easement acquired or accepted for highway purposes.
[Added 6-22-2015 by L.L. No. 6-2015]
[Amended 6-10-1985 by L.L. No. 5-1985]
It shall be a violation of this chapter for any person to:
A. 
Consume any alcoholic beverage in any public place within the town, unless it is a duly licensed or permitted public place, as defined in § 240-3.
B. 
Have in his possession an open or unsealed container of an alcoholic beverage while in any public place for the purpose of consuming such alcoholic beverage by himself or by another in any public place. This prohibition shall not apply to possession of the same solely for the purpose of transporting it without an intent or indication that it is to be consumed in any public place.
C. 
Operate any motor vehicle as defined herein upon any public property owned by the Town of Hamburg unless specifically authorized to do so by a Town of Hamburg Department Head or by resolution of the Town Board of the Town of Hamburg, which resolution must specifically authorize the individual or group authorized, to operate upon Town property and the type of motorized vehicle or snowmobile. This shall not apply to motor vehicles driven in designated driveways or parking areas of Town buildings or designated driveways or parking areas in Town parks or recreation areas, or on trails in Town parks or recreation areas, such trails duly designated by conspicuous posting by the Town for the use of specific types of recreational vehicles at the times and in the manner so designated.
[Added 6-22-2015 by L.L. No. 6-2015]
[Added 6-22-2015 by L.L. No. 6-2015]
It shall be unlawful for a parent, guardian or other person having the care, custody and control of any child under the age of 16 years to permit such child to operate any motor vehicle as defined herein in a manner that violates the terms of this chapter.
[Added 6-22-2015 by L.L. No. 6-2015]
A. 
Whenever any child under the age of 16 years is alleged to have violated this chapter, his parent, guardian or any person having the care or control of the child shall be notified by the Police Department or any person designated by the Police Department to give such notice.
B. 
Upon a first notice of a violation under this chapter and section, a written warning shall be acknowledged by the parent or guardian or other person having the care, custody and control of any child under the age of 16 years that they understand the Town ordinance herein prohibiting the use of motor vehicles on Town-owned property.
No person shall break, leave, discard or deposit in any manner any glass bottle, glassware, crockery, can or container of any kind, make or description in any public place except in receptacles provided to collect trash.
A. 
At least 10 calendar days prior to the proposed date of any special event, any person may apply to the Town Clerk on his own behalf or on behalf of an organization for a permit to possess and consume any alcoholic beverages described herein during the conduct of such special event.
B. 
The application shall contain the following information:
(1) 
The name of the applicants and the address and telephone number of each. If the applicant is an organization, the name and address and telephone number of the organization and of its officers shall be given.
(2) 
The purpose of the special event, the date it is to be held, the approximate starting time and the termination time and the location of the assembly area.
(3) 
Such other information as the Town Clerk may deem reasonably necessary.
C. 
Except for permits on town-owned and town-controlled property, payment of a fee of $10 shall be required at the time of application.
[Added 6-22-2015 by L.L. No. 6-2015]
A. 
The law enforcement officer may immediately impound any motor vehicle operated in violation of this chapter. The motor vehicle shall be returned to the owner upon direction of the court or upon payment of the fine ordered by the court as a penalty and the expenses and charges necessarily and actually incurred for the impoundment of said vehicle.
B. 
If the owner of said vehicle is a minor under the age of 16 years, then and in that case, the parent or guardian of said minor shall accompany the minor on the date the vehicle is reclaimed and the expenses and charges are paid.
C. 
In the case of a second or subsequent violation, the court may order confiscation of said motor vehicle in lieu of any fine and/or imprisonment. Any motor vehicle which is confiscated pursuant to this section will be sold at public auction according to the appropriate procedures and law affecting public auctions by municipalities.
[Added 6-22-2015 by L.L. No. 6-2015]
The Town shall designate, by conspicuous posting, all Town parks and recreation areas or portions thereof which shall be authorized for snowmobile travel.
[Amended 6-22-2015 by L.L. No. 6-2015]
A. 
Any person committing an offense against § 240-4A or B, 240-5 or 240-6 of this chapter shall be guilty of a violation punishable by a fine not exceeding $150 or by imprisonment for a term not exceeding 10 days, or both such fine and imprisonment. The continuation of an offense against § 240-4A or B, 240-5 or 240-6 shall constitute, for each day the offense is continued, a separate and distinct offense hereunder. In addition, anyone holding a special permit is subject to revocation thereof or denial of permit for a special event for a period of one year from the offense.
B. 
Any person committing an offense against § 240-4C of this chapter shall be guilty of a violation punishable by a fine not to exceed $ 150 for a first offense and not to exceed $250 for a second offense and each subsequent offense committed within a twelve-month period measured from the date of the first offense. Each violation of any provision of § 240-4C shall be deemed a separate and distinct offense. A person may be charged with more than one offense and shall be subject to an imposition of a fine for such offense(s).
C. 
Aggravated offense. It shall be an aggravated offense if the use of recreational vehicle in violation of this chapter results in any injury to any person or any damage to property. The person convicted of such an aggravated offense shall be subject to doubling of the fines set forth in § 240-7B.
D. 
Civil compromise. The Town Justice is empowered to approve and enter an order on consent as a civil compromises between the Town and any person consenting to the imposition of a civil penalty in an amount not exceeding $500 per offense and suspending prosecution until all conditions imposed in the civil compromise are completed by the defendant within the time frames established in the order.
If any portion of this chapter shall be adjudged by a court of competent jurisdiction to be invalid or unconstitutional, such portion thereof shall be deemed inoperative, and the balance of said local law shall be deemed to be in full force and effect.