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.
CONTAINER
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.
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.