[HISTORY: Adopted by the Town Board of the Town of Harrison 5-3-78
as L.L. No. 2-1978. Section 85-7 amended at time of adoption
of Code; see Ch. 43, General Provisions, Art. I. Other amendments noted where
applicable.]
The chapter shall be known and cited as "Town of Harrison Local Law
No. 2 of 1978, Regulating Consumption of Alcoholic Beverages in Public Places."
The Town of Harrison recognizes that consumption of alcoholic beverages
in public places and transportation facilities 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 town, 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.
"Public place" shall mean the following:
Any highway, street, sidewalk, park, playground or school, public or
private.
The parking lots of shopping centers, schools, churches or other religious
institutions, and train stations.
Without limiting the generality of the foregoing, any other place to
which the public or a substantial group of persons has access.
Notwithstanding the foregoing, the following shall not be deemed "public
places" for the purpose of this chapter:
Any public place or transportation facility wherein the use and consumption
of alcoholic beverages is authorized pursuant to a license or permit issued
under the Alcoholic Beverage Control Law.
The interior of the building premises of any fire-house within the Town
of Harrison.
The interior of any premises of any business establishment within the
Town of Harrison.
The interior of any building occupied for use as a church, synagogue
or other house of worship.
The parks and playgrounds of the Town of Harrison, during the times
and in accordance with the rules and regulations prepared by the Superintendent
of Recreation, approved by the Town Board and filed with the Town Clerk.
Any conveyance, other than the interior of a train, premises or place
used for, or in connection with, public passenger transportation, whether
by railroad, motor vehicle or any other method.
No person shall consume or ingest any alcoholic beverage in any public
place or transportation facility within the Town of Harrison. Carrying on
the person, holding or possessing any open, unsealed, resealed or partially
full bottle, can or container which contains an alcoholic beverage in a public
place as hereinabove defined shall constitute prima facie evidence of a violation
of this section.
Any open, unsealed, resealed or partially full bottle, can or container
which contains an alcoholic beverage found in any vehicle in any such public
place or transportation facility shall be prima facie evidence that the same
is in possession of all the occupants of said vehicle and in possession of
the person last having control and custody of said vehicle.
The foregoing prohibition against drinking alcoholic beverages in public
places and transportation facilities or possessing open, unsealed, resealed
or partially empty bottles, cans or containers of such alcoholic beverage
shall not apply nor be a violation of this chapter in the event of a gathering
which has been granted a special permit by the Town Clerk, according to regulations
approved by the Town Board of the Town of Harrison.
