[HISTORY: Adopted by the Town Board of the
Town of Kent as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-2-1982 by L.L. No. 3-1982]
The Town of Kent 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 Town, and this article
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 Town of Kent, 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 Town 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 Town.
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 article 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.
A violation of this article shall constitute
an offense punishable by a fine not exceeding $50 or by imprisonment
in jail for 10 days, or by both such fine and imprisonment, for the
first offense, and by a fine not exceeding $100 or by imprisonment
for 30 days, or by both such fine and imprisonment, for a second or
subsequent offense.
[Adopted 5-14-2007 by L.L. No. 2-2007]
The Town of Kent finds that parties on private property where alcohol is consumed by minors is harmful to the minors themselves and to the communities where such parties are held. Police ability to abate gatherings and fine the host of the party where alcohol is being consumed by minors on private property will result in a decrease in abuse of alcohol by minors, and resulting physical altercations and injuries, neighborhood vandalism, and excess noise disturbance, thereby improving the public safety in the community. Parties, gatherings and events on private property where minors are consuming alcohol are determined to be a threat to the peace, health, safety and welfare of the Town of Kent. Further, police response to such parties, gatherings or events causes a drain of manpower and resources and in some cases, may leave other areas of the Town with inadequate police protection. Accordingly, the Town of Kent enacts this Chapter 23, Article II of the Kent Town Code in order to protect the peace, health, safety and welfare of the Town of Kent and the residents thereof; to enforce laws prohibiting the consumption of alcohol by minors; and to prohibit the hosting of parties or other events in which minors are consuming alcohol.
For purposes of this article, the following
definitions shall apply:
Ethyl alcohol, hydrated oxide of ethyl or spirit of wine
from whatever source or by whatever processes produced.
Alcohol, spirits, liquor, wine, beer, cider and every liquid
or solid, patented or not, containing alcohol, spirits, wine or beer
and capable of being consumed by a human being; except that confectionary
containing alcohol as provided by Subdivision 12 of § 200
of the New York State Agriculture and Markets Law shall not be regarded
as an "alcoholic beverage" within the meaning of this article. For
purposes of this article, "spirits," "liquor," "wine" and "cider"
are as defined in § 3 of the New York State Alcoholic Beverage
Control Law.
Any fermented beverages of any name or description manufactured
from malt, wholly or in part, or from any substitute therefor.
The partially or fully fermented juice of fresh, whole apples,
containing more than 3.2% but not more than 7% alcohol by volume,
when used for beverage purposes, and to which nothing has been added
to increase the alcoholic content produced by natural fermentation.
The salaries and benefits of police officers or other code
enforcement personnel for the amount of time actually spent in responding
to, or in remaining at, the party, gathering or event held in violation
of this article, and the administrative costs attributable to the
incident; the actual costs of any medical treatment to injured police
officers or other code enforcement personnel; the cost of repairing
any damaged Town equipment or property; and the cost arising from
the use of any damaged Town equipment utilized in responding to or
remaining at the party gathering or event held in violation of this
article.
A person who, under court order, is the legal guardian of
the person of a minor; or a public or private agency with whom the
minor has been placed by the court.
Any and all distilled or rectified spirits, brandy, whiskey,
rum, gin, cordial, or similar distilled alcoholic beverages, including
all dilutions and mixtures of one or more of the foregoing.
Any person under 21 years of age.
Any person who is the natural parent, adoptive parent, or
step-parent of a minor.
A group of persons who have assembled or are assembling for
a social occasion or social activity.
Any beverage which contains alcohol obtained by distillation
mixed with drinkable water and other substances in solution.
The product of the normal alcoholic fermentation of the juice
of fresh, sound, ripe grapes, with the usual cellar treatment and
necessary additions to correct defects due to climatic, saccharine
and seasonal conditions, including champagne, sparkling and fortified
wine of an alcoholic content not to exceed, 24% by volume.
A.Â
Except as otherwise permitted by law, no person shall
host, suffer, permit, organize, or allow a party, gathering or event
at his or her place of residence or other private property, place
or premises owned by or under his or her control, where three or more
minors are present and alcoholic beverages are being consumed by any
minor.
B.Â
This section shall not apply to conduct between a
minor child and his or her parent or guardian.
C.Â
This section shall not apply to any location or place
regulated by the New York State Liquor Authority.
Any person or corporation found to be guilty
of a violation of this article by a court of law shall be subject
to conviction of a Class A Misdemeanor, punishable by a fine not to
exceed $1,000 or imprisonment for a period not to exceed one year,
or both.
The Town of Kent does not waive its right to
seek reimbursement for actual costs of enforcement services associated
with the enforcement of this article through other legal remedies
or procedures permitted by law. The provisions of this article are
in addition to any other statute, ordinance or law. This article in
no way limits the authority of peace officers and others authorized
to make arrests for any criminal offense arising out of conduct regulated
by this article, nor does this article in any way limit the county,
state or federal prosecution's ability to initiate and prosecute a
criminal prosecution for any violation of a criminal offense arising
out of the same circumstances necessitating the enforcement of this
article.
If any section, subsection, sentence, clause,
phrase or word of this article is for any reason held to be unconstitutional
or otherwise invalid by any court of competent jurisdiction, such
decision shall not affect the validity of the remaining provisions
hereof.
