[HISTORY: Adopted by the Village Board of the Village of Elmsford 4-9-2007 by L.L. No. 2-2007. Amendments noted where applicable.]
The Village Board of Trustees has determined that the consumption of alcoholic beverages in public places often leads to disorders, nuisance and related problems as well as the littering of such public places and is disturbing to the public and threatens peace and good order.
The purpose of this chapter is to prohibit the consumption of alcoholic beverages in certain public places in order to prevent disorderly behavior and the littering of public places and to protect the public health, safety and welfare and to promote the public good.
As used in this chapter, unless the context or subject matter otherwise requires, the following words shall have the following meanings:
- ALCOHOLIC BEVERAGE
- Includes all such beverages as defined in § 3 of the Alcoholic Beverage Control Law of the State of New York as same may be amended from time to time.
- Any bottle, can, glass, cup or similar receptacle suitable for or used to hold any liquid.
- INTENT TO CONSUME
- Drinking from the container, with alcohol on the breath of the possessor and/or any circumstances evidencing an intent to ultimately consume on any public lands.
- PUBLIC PLACE
- A place to which the public or a substantial group of persons has access, and includes, but is not limited to, any highway, street, road, sidewalk, parking area, shopping area, place of amusement, playground, park, transportation facility, school, school grounds and hallways, lobbies and other portions of apartment houses, motels or hotels not constituting rooms or apartments designed for actual residence.
- SCHOOL GROUNDS
- Any building, structure, school bus as defined in § 142 of the New York State Vehicle and Traffic Law, athletic playing field, playground or land contained within the real property boundary line of a public or private elementary, parochial, intermediate, junior high, vocational or high school.
- TRANSPORTATION FACILITY
- Any conveyance, premises or place used for or in connection with public passenger transportation, whether by railroad, motor vehicle or any other method.
Prohibited. No person shall, within the Village of Elmsford, drink or otherwise consume liquor, wine, beer or other alcoholic beverages while such person is in or upon any public place.
Possession of open containers. No person shall carry or have in his or her possession, within the Village of Elmsford, any open bottle, can or 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.
The possession of an open, unsealed, resealed or partially full bottle, can or container which contains an alcoholic beverage, unwrapped or with the top exposed in a public place shall be presumptive evidence that such open bottle or open container is intended to be consumed in a public place.
Such an open bottle, can or container in any vehicle while in or on any public place shall be presumptive evidence that the same is in the possession of all the occupants thereof.
The holding of such open bottle, can or container to the mouth in a drinking manner or the placing, throwing or otherwise disposing of such container or its contents in a public place shall be presumptive evidence that the person doing any such act did consume or ingest an alcoholic beverage in a public place.
Any open, unsealed, resealed or partially full bottle, can or container which contains an alcoholic beverage found in any vehicle in any public place shall be prima facie evidence that the same is in possession of the person last having control and custody of said vehicle.
The foregoing prohibition against drinking alcoholic beverages in public places or possessing open, unsealed, resealed or partially empty bottles, cans or containers of such alcoholic beverage shall not apply nor be a violation of this chapter in the event of a gathering in a public park or public facility which has been granted a permit by the Village according to regulations approved by the Village Board of Trustees of the Village of Elmsford, to that portion of a building occupied by the Fire Department, nor to any place licensed by the State of New York to sell alcoholic beverages for on-premises consumption. There shall be a fee for a Village permit as set forth by resolution of the Village Board of Trustees in the Master Fee Schedule, which may be amended from time to time.
Any person, upon conviction for a violation of this chapter, shall be guilty of a violation as defined in Article 10, § 10.00, Subdivision 3, of the Penal Law, which shall be punishable by a fine of not more than $500 or imprisonment for not more than 15 days, or both.