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.
CONTAINER
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:
A. To consume any alcoholic beverage on any public land
within the city.
B. To have in his possession any open container containing
any alcoholic beverage on any public lands within the city.
C. 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.
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.
PERSON
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.
This article shall not apply to:
A. Any location or place regulated by the New York State
Liquor Authority.
B. 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.
C. 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.