[HISTORY: Adopted by the Common Council of the City of Ithaca as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-1-1991 by Ord. No. 91-13 (Ch. 65, § 65-34 of the 1975 Municipal Code); amended in its entirety 4-7-2004 by Ord. No. 2004-6]
The Common Council finds that the unrestricted consumption of alcoholic beverages in certain public places often leads to disorders and related problems as well as the littering of such public place and the development of unsanitary conditions and is disturbing to the public and threatens peace and good order.
The purpose of this article is to prohibit the consumption of alcoholic beverages in certain public places in order to prevent disorderly behavior, the development of unsanitary conditions and the littering of public places and to protect the public health, safety and welfare and to promote the public good.
The Legislature of the State of New York has determined that, since the New York State drinking age is 21, underage persons should be held responsible for their conduct and be prohibited from possessing alcoholic beverages in public. The consumption of alcoholic beverages in public places by persons under the legal drinking age is an aggravating factor.
For the purpose of this article, the following terms shall have the meanings ascribed to them. All other words shall have the meanings normally ascribed to them in regular usage.
- ALCOHOLIC BEVERAGE
- Includes alcohol, spirits, liquor, wine, beer and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by a human being.
- Any bottle, can, glass or other receptacle suitable for or used to hold any liquid.
- PUBLIC PLACE
- Any public highway, pedestrian mall, street, sidewalk, park, playground, parking area, municipal parking ramp and the Six Mile Creek watershed area.
No person shall, within the City of Ithaca, drink or otherwise consume liquor, wine, beer or other alcoholic beverages while such person is in or upon any public place as defined herein.
No person shall carry or have in his/her possession within or upon any public place in the City of Ithaca any open container containing liquor, wine, beer or other alcoholic beverage with the intent of the possessor or another to consume the same in any public place defined herein.
The possession of an open container unwrapped or with the top exposed in a public place as herein defined shall be presumptive evidence that the contents of such open container are intended to be consumed in a public place as herein defined.
For the purposes of this article, any container labeled as a container of an alcoholic beverage, such as a can of beer or a bottle of wine, shall be presumed to contain at least some amount of the alcoholic beverage specified.
For the purposes of this article, all beer and all wine, regardless of alcoholic content, shall be presumed to be alcoholic beverages.
The provisions of this article shall not apply within the boundaries of Cass Park or Stewart Park, which areas shall be regulated by the Board of Public Works, nor shall such prohibition apply to or within the boundaries of Treman Marina.
The provisions of this article shall not apply to any activity sponsored by an organization having proper license to dispense alcoholic beverages in or upon any public place within the City, said license having been issued by the Alcoholic Beverage Control Board of Tompkins County and such organization having obtained permission from the Mayor. This exception shall apply only to the public place in the City in or upon which the alcoholic beverages are dispensed.
The violation of any of the provisions of this article shall be punishable by a fine not greater than $250 and/or not more than 15 days in jail and not less than $100 or 25 hours of community service; provided, however, that a person who violates this article after having been convicted of a violation of this article within the preceding three years shall be punishable by a fine not greater than $500 and/or not more than 15 days in jail and not less than $100 or 25 hours of community service; and further provided that a person who violates this article after having been convicted two or more times of a violation of this article within the preceding three years shall be punishable by a fine not greater than $750 and/or not more than 15 days in jail, and not less than $100 or 25 hours of community service.