[HISTORY: Adopted by the Common Council of the City of Cohoes 6-14-1983 by Ord. No. 34-1983. Amendments noted where applicable.]
Parks and playgrounds — See Ch. 195.
It is the intent of the City of Cohoes, as an exercise of its police power, to promote the general health, safety and welfare of the residents and inhabitants of the city by enacting this article, since it is the finding of the Common Council that the possession of open containers of alcoholic beverages by persons on certain public lands, except under controlled conditions, is detrimental to the health, safety and welfare of the residents of the city in that such possession contributes to the development of unsanitary conditions and the creation of nuisances, including but not limited to littering and racuous or other disorderly behavior. It is further the intent of the Common Council that this article not be considered as a traffic regulation insofar as it related to motor vehicles or the operation thereof.
For the purpose of this article, the following 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, cider and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by a human being.
- The City of Cohoes.
- Any bottle, can, glass or other receptacle suitable for or used to hold any liquid.
- PUBLIC LANDS
- Any highway, street, sidewalk, park, playground or parking lot.
It shall be a violation of this article for any person:
To consume any alcoholic beverage on any public land within the city.
To have in his possession any open container containing any alcoholic beverage on any public lands within the city.
To have within his possession for the purposes of consumption or with the intent to consume on public lands by either himself or another person any open container containing an alcoholic beverage on any public lands within the city.
The foregoing prohibition shall not apply to the drinking of alcoholic beverages at picnic grounds or other open places where outdoor social gatherings are held and which are generally used for such purposes.
The foregoing prohibitions shall not apply to the transportation of an unsealed but not open container across public lands of the city from one point to another, with no intent to consume the contents of such open container while upon public lands.
This article shall apply to all persons on public lands in the city, except as provided in § 101-4 above, but shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon any public highway within the city in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.
[Amended 6-12-2007 by L.L. No. 6-2007]
Each violation of this article shall be punishable by a fine not exceeding $250 for each offense.
[Added 6-12-2007 by L.L. No. 6-2007]
As used in this article, the following terms shall have the meanings indicated:
- ALCOHOL or ALCOHOLIC BEVERAGE
- Any liquor, wine, beer, spirits, cider or other liquid or solid, patented or not, composed of or containing alcohol or spirits, whether or not brewed, fermented or distilled, and capable of being consumed by a person; except that a confectionary containing alcohol as provided in New York State Agriculture and Markets Law § 200(12) shall not be considered an alcoholic beverage within the meaning of this article.
- CONTROL OF PROPERTY
- Owning, renting or leasing property; being in charge of property or having the authority or ability to direct or regulate guests, invitees, or others on private property.
- ILLEGAL DRUG
- Any substance listed in § 3306 of the Public Health Law.
- A natural person age 17 or older, and includes, where appropriate, a corporation, partnership, company, organization, association, or other organized entity.
- PRIVATE PROPERTY
- Any home, dwelling or dwelling unit, apartment, condominium, or residence, and includes yards, fields, vacant structures, and open areas.
- UNDERAGE PERSON
- Any person under the age of 21.
No person shall:
Host, permit, or allow a party, social gathering, or event where three or more underage persons are present to take place on or at any private property under his or her control or use if such person knows or has reason to know that any alcoholic beverage or illegal drug is being unlawfully consumed by an underage person.
Organize or sponsor a party, social gathering, or event where three or more underage persons are present on or at any private property if such person knows or has reason to know that any alcoholic beverage or illegal drug is being unlawfully consumed by an underage person.
This article shall not apply to:
Any location or place regulated by the New York State Liquor Authority.
The consumption of an alcoholic beverage by persons lawfully permitted to do so pursuant to § 65-c of the New York State Alcohol Beverage Control Law, or any other applicable law.
The possession or consumption of a drug for which the person has a current, valid prescription or as otherwise permitted by any other applicable law.
Failure to comply with the provisions of this article shall constitute a violation, punishable, upon a first conviction, by a fine not to exceed $250, or imprisonment not exceeding 15 days, or both; any subsequent conviction within three years shall constitute a misdemeanor, punishable by a fine of $250 minimum and not to exceed $1,000, or imprisonment not exceeding 90 days, or both.
If any part or provision of this article is inconsistent with any federal or New York State statute, law, rule or regulation, then such statute, law, rule or regulation shall prevail.
If any clause, sentence, paragraph, section, or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder of this article but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered.