[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]
A.
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.
B.
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.
C.
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.
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.
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.
A.
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.
B.
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.
C.
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.
D.
For the purposes of this article, all beer and all
wine, regardless of alcoholic content, shall be presumed to be alcoholic
beverages.
A.
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.
B.
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 City Manager. This exception shall apply only to the public
place in the City in or upon which the alcoholic beverages are dispensed.
[Amended 11-3-2021 by Ord. No. 2021-09]
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.
